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October 16, 2007 Agenda ORDERS OF THE DA Y FOR TUESDA Y. OCTOBER 16. 2007 - 9:00 A.M "8 :45 A. M." - 2007 COUNCIL PHOTO TO BE .TAKEN PAGE # ORDER 1 st Meeting Called to Order 2nd Adoption of Minutes - for the meeting of September 11, 2007 3rd Disclosure of Pecuniary Interest and the General Nature Thereof 4th Presenting Petitions, Presentations and Delegations DELEGATIONS: 9:00 a.m. Bryce Sibbick, Frank Cowan Co., to present the 2008 Insurance Renewal (see report on page 9) Motion to Move Into "Committee Of The Whole Council" Reports of Council, Outside Boards and Staff Council Correspondence - see attached 1) Items for Consideration 2) Items for Information (Consent Agenda) OTHER BUSINESS 1) Statementsllnquiries by Members 2) Notice of Motion 3) Matters of Urgency 9th In-Camera Items (see separate agenda) 10th Recess 11 th Motion to Rise and Report 12th Motion to Adopt Recommendations from the Committee Of The Whole 13th Consideration of By-Laws 14th ADJOURNMENT 5th 2-83 6th 7th 84-99 100-111 8th LUNCH WILL BE PROVIDED Dates to Remember Nov. 2 - Annual Warden's Banquet, St. Anne's, Social Hour 5:30 with dinner at 6:30 P.M. REPORTS OF COUNCIL AND STAFF OCTOBER 16. 2007 Councillor Reports - (ATTACHED) 3 Councillor Mennill- St. Thomas-Elgin Tourist Association Annual Report 7 Councillor Habkirk - Elgin County Museum Annual Report Staff Reports - (ATTACHED) 9 Purchasing Co-ordinator, Manager of Administrative Services - General Insurance and Risk Management Services Program 13 Financial Analyst, Director of Financial Services - Recovery of Collection Agency Commission Fees 15 Director of Financial Services - Budget Comparison - August 31, 2007 22 Director of Human Resources - Payment of Eligibility for Absences and Sick Leave Payment Forms 24 Human Resources Co-ordinator - Updates to Policies 5.60, 8.320, 9.10, 9.120 39 Director of Engineering Services - Asbestos Regulation 278/05 - Update 42 Director of Engineering Services - Black Bridge Engineering Tender 45 Director of Engineering Services - Wellington Street - Port Burwell 47 Director of Engineering Services, Director of Senior Services Bobier Villa - Bobier Villa- Caledonia II 52 Manager of Administrative Services - A Policy for Provision of Notice to the Public 58 Manager of Administrative Services - A Policy for Sale and Other Disposition of Land 62 Manager of Administrative Services - A Policy for the Delegation of Council's Powers and Duties 66 Manager of Economic Development - BizPal - Business Permits and Licences 70 Manager of Economic Development - Municipality of Bayham - Financial Contribution Request 75 Director of Cultural Services, Manager of Cultural Services - Council Photograph Display 77 Director of Cultural Services - Student Volunteer Criminal Checks (deferred June 12/07) 79 Director of Senior Services ElM - Elgin Manor and the Ontario Early Years Program Director of Information Technology - Rural Broadband Proposal Acceptance (to be faxed on Friday) 81 Chief Administrative Officer - Closed Meeting Investigator 2 St. Thomas - Elgin Tourist Association Annual Report for the County of Elgin October 2007 It is my pleasure to report on the activities of the St. Thomas - Elgin Tourist Association (STETA) for the year 2007. Our Board of Directors welcomed new members Councillor Dave Mennill, representing County Council, Alderman Lori Baldwin Sands and Cathy Topping representing City Council. Along with these new members, seasoned Board members under the leadership of President Fiona Nisbet experienced, without a doubt, our best year yet! Partnerships STET A took advantage of a number of new and renewed partnerships for 2007. STET A again partnered with Central Elgin's Doors Open being held in Port Stanley and Sparta. As well as promoting the event, the Board provided a grant of $300 to help defray advertising costs. We also distributed the Doors Open magazine throughout Elgin County. The program is a winner and we wish event organizers continued success. The Tourism Partners of West Elgin contacted STET A for support of their new promotional brochure. The brochure is well done and offers a good look at what West Elgin has to offer. The Board was pleased to partner with the group by providing a grant of $300 towards printing costs. The Port Stanley Tourist Booth was moved this year to the Right Blend Coffee Shop as owner Corey Russell offered free space, use of washrooms and was open hours that met our needs. The tourist booth was set up and appropriate signage was secured. Thanks to Lloyd Perrin and his staff for erecting the signage. It should be noted that Right Blend has another coffee shop at Galleria Mall in London and Corey has a display of our Visit and Tour Guides there as well. STET A is still hoping to secure a permanent home for the tourist booth through Central Elgin. The change rooms at the Ball Diamond still sit empty and would make a great tourist booth location as visitors enter the village. The "Eat Fresh / Buy Local" brochure was undertaken for a third year. The totally redesigned brochure, created by a new graphic designer, E. C. Designs right here in Elgin County, has been a huge success with tremendous demand. Our partnership included STET A, the Elgin Community Futures Development Corporation, Healthy at Heart Elgin, the West Elgin Community Health Centre and the Federation of Agriculture. The brochure grew again this year to list 45 local farms and businesses (up from 41 in 2006), who provide farm gate sales. There was no cost to the businesses; however, it is our plan that following this issue businesses will pay a small fee to be listed so the publication can stand on its own. Jumbo Brochure - Jumbo attracted more than 4,200 visitors this summer, each looking for a brochure of the story of Jumbo. STET A partnered with the St. Thomas & District Chamber of Commerce to produce 10,000 new brochures at only one-half the cost to the tourist association. The Chamber continues to work with the tourist association in many other areas as well. Let's Get Active Elgin! - A pocket guide produced by the Elgin St. Thomas Health Unit which lists a variety of physical and leisure activities found throughout the County of Elgin. STET A purchased the inside cover and in so doing not only helped produced the booklet but this guaranteed that we would receive copies of the booklet to distribute throughout our tourist booth locations. The booklet is very popular as supplies are already very low. The Visit and Tour Guide is by far our most important partnership. The tourist association has two main promotional pieces - the website and the Visit and Tour Guide. The Guide is produced in partnership with the St. Thomas Times Journal. The TJ sells the advertising and the tourist association provides all the commentary and the calendar of events. Our 2007 Guide was the best yet. 42,000 copies, of this 64 page full colour guide, were distributed throughout Ontario and into some of the border states. This issue saw the addition of small street maps which were supplied by the County of Elgin Engineering Department and the St. Thomas Downtown Development Board. Demand for the Guide continues to reach greater numbers each year. We are getting repeat requests for the guide from across Ontario never before experienced with even Tourism London contacting our office more than six times requesting extra Guides. Large number requests for events included North Shore Hockey Tournament - 650; Golden Wings Road Riders - 500; Wings and Wheels - 200 for organizers plus those distributed on site at the event; 2007 International Plowing Match - 500; the Canadian Owners and Pilots Association - 500, and School reunions in St. Thomas and Fingal required another 1200+. The last of our Guides will be distributed at the London Food and Wine Show to be held in January. Locally we distribute the Guide through all our partners (with partners like Pinecroft Pottery, Winter Wheat and Lakeview Gardens distributing STETA 2007 Annual Report - 2 2 as many as we can supply) along with the tourist booth locations at the City of St. Thomas library and all eleven County of Elgin libraries as well as summer staffed booths in Port Stanley, Port Burwell and St. Thomas. Ontario South Coast and Beyond Alliance - The South Coast Alliance is a marketing group made up of Norfolk County, Brant County, Brantford Tourism, Six Nations, Haldimand County and Tourism Oxford. Each year these partners create new "lure" pieces to promote the area. Further to STET A deciding to promote Incredible Elgin as Ontario's South Coast (because of the warmer sentiment of South Coast as opposed to North Shore), we were invited to join the partnership. Annual cost is $2,500 but since STETAjoined in a part year, our cost was $1,000. Our initial partner project was to create a Corporate Planner to supply to the Travel Trade, Corporate Travel Planners, and the Travel Media Writers. All STET A partners were invited to take part with 14 partners coming on board. The planner will be out any day and will be distributed through the industry. Our second promo will be a Travel Media Writers event we will host in Toronto on November 29. Partners will be able to meet with travel writers and promote their businesses and this area. The event theme is based on the game show Deal or No Deal which will see the travel writers play for package tours from each of the areas. Cost for STETA partners has not been finalized at time of writing this report but is anticipated to be around $150. On our own, STETA could never afford to create these marketing opportunities of this magnitude and expertise. Tradeshows The London Wine and Food Show will take place on January 18 -20, 2008 at the Western Fair. This will mark the third year for the event which has become very popular and quite successful. In the first year, there were only two Elgin participants. Last year with financial assistance from STETA the partners were able to attract six participants and present themselves as an Elgin County entity. For this upcoming show, the group to date has ten committed participants along with a 30 x 50 foot tent that is being donated by St. Thomas Canvas and Awning. The plan is to create a formal, classy atmosphere under the tent (inside the Western Fair building). The partners would like to expand on last year's theme" Elgin County.... a place to (heart) love". The organizing partner is Rob Quai of Quai du Vin Estate Winery. Board members felt this was an excellent opportunity to showcase Incredible Elgin and distribute Visit and Tour Guides at the same time without requiring staff from the tourist association. Again this year the Board has decided to provide a grant of $500 to build upon this extremely successful event. Website In 2007 STET A launched a totally revamped website with a new look, easier navigation and updated information. The website has been received extremely well by the public and partners alike. An additional added feature is the member page that members will be able to update their a photo, description, store hours and such as well as host a live link to their own site. This feature, although delayed due to a number of issues, will be up and running any day. Also now partners can be listed under three separate categories to give them better exposure. It should be noted that the tourist association site is housed on the ElginBiz server at a cost of only $25 per month. Owner Grant Spiller, an associate member on our Board of Directors, has been extremely supportive in assisting STET A with the upgrades and continues to provide his expertise at no cost to ensure a visit to our site allows our brand to come through and is a positive experience for visitors. Premier Ranked Tourist Destination Proiect a.k.a. Tourism Growth Blueprint / Audit The program is an evaluation of Elgin's tourism industry that provides information to create a tourism development strategy aimed at increasing the economic benefit of tourism in Elgin. In partnership with Norfolk and Haldimand, the Ministry of Tourism approved the project. The three communities have been working for nearly two years to plan and undertake the project. The total value of this project is over $300,000. When complete, we will have a comprehensive inventory of tourism assets, an understanding of our tourism demand generators, and a foundation for a tourism development strategy, including recommendations for future growth and sustainability. We will have a benchmark to measure tourism performance and market position, a foundation for new branding or marketing initiatives - locally and region-wide - and we will have engaged tourism industry stakeholders in discussions and planning. A steering committee of 15 persons was created, 5 from each partner. Elgin's Steering Committee consists of: Helen LeFrank, Elgin Community Futures Development Corporation and partner in M.E. & Suzie's Restaurant; Jean Strickland, Kettle Creek Inn; Chris Heimstra, Clovermead Bees & Honey; Rob Quai, Quai du Vin Estate Winery and Alan Smith, Economic Development Manager for the County of Elgin. Weare extremely pleased to have these leaders in the community to head the project. STETA 2007 Annual Report - 3 3 Project staff began work in mid October creating mailing lists and software applications. Our official launch of the project was held in Elgin on November 29, 2006. This was followed on March 29 by the training of staff for Phase II of the project. On May 22, the Steering Committee and tourist association partners met for a Demand Generator Workshop led by the Project Coordinator Glenda Cavan. On July 25 consultant Richard Innes of Brain Trust Consulting was hired to complete the final report. Initial results were delivered to the Steering Committee and Industry partners on August 14 with Richard as the lead. Our support staff contract will be complete Oct. 19. The project was a huge undertaking but well worth all the hours. We are pleased to report that the PRTDF final report with findings and recommendations will be presented to County Council by our Consultant on Tuesday, November 13. Programs / Events Talbot Trail of Yard Sales - This year there was a great deal of interest from the media. It started with a call from the London Free Press for an interview which ended up on the front page of the paper. This article created more interest and was followed by two calls from London radio stations for on-line live interviews. With all this free publicity the event was on target to be our very best ever. The event was a good success but with the rain, reaching our goal of the biggest, best sale yet was not realized. Of those businesses who did provide statistics, Empire Valley Farm Market at Wallacetown reported over 870 participants from such places as St. Mary's, London, Lucan, Stratford and even Montreal. Countryside Upholstery also in the west on Highway #3 reported - 550 participants from such places as Windsor, Strathroy, Glencoe, Woodstock, Pelee Island, lots from London and some from Toronto. Again this year there was a lack of vendors in the east and although Heritage Line Herbs reported a conservative estimate of up to 250 people at one time, she advised that participants commented that their sale was about the last yard sale travelling east. Bayham aggressively promotes the yard sales with support advertising so it is hard to know why there are not more vendors there. More work is needed in the east to generate more vendors for 2008. Ideas are welcome. Artfest Elgin - Sunny and warm, a perfect day for Artfest Elgin. We were steady all day but no crowds. 23 artists registered to take part (two cancelled this week due to illness). Last year there were 22 participants. Artists were from St. Thomas, Port Stanley, Aylmer, Chatham and London. Attendees were mostly from St. Thomas with some from Aylmer, Rodney, Fingal, Port Stanley, London and Port Burwell. The event is in its eighth year but is not growing. STETA's budget for this event is $5,000. Ideas such as changing the date were suggested and should be considered if the County decides to offer the event in 2008. Seminar - In April STET A hosted the seminar "Developing A Customer Friendly Business" at the Keystone Complex in Shedden. Fee for the seminar was $25 with each partner business receiving one free registration with second and third registrations at $15 to help cover the cost of facility rental and lunch. Presenters included Nancy Fallis, Ministry of Tourism, Lucy Ogletree, Winter Wheat and Christy Heimstra of Clovermead Bees & Honey to round out the day. 32 participants, including some Board members, took advantage of attending this seminar offered right in their own backyard. Attendees spoke very highly of the venue and the subject matter. Bus Tours - Since our partnership began in October, 2005 with Ontario Fun Connection Bus Tours, and after nearly two years of promoting the six bus tour routes for Elgin County, our motor coach receptive Ontario Fun Connection advises that the we actually saw three confirmed bus tours, "Puttin Around the Port" and two "Country Wine" tours. We have also found that bus companies like Maxey Travel have been active in Elgin as well and we believe that we were part of "waking them up" to what Elgin has to offer. All six tours can be found in our Visit and Tour Guide. Travel Writer - Another exciting day this summer saw the office contacted by our first official travel writer looking for information and accommodation as she and her husband travelled through Elgin County by bicycle. Thanks to the Hevenor's of Grey Gables B&B for supplying the accommodations and one-on-one tourism commercial. We are finally seeing some confirmed interest by travel writers in the area and are thrilled to continue to build on each triumph no matter how minor it may seem to some. Summer Staff Our summer staff were all excellent students and we are hoping one or more of them will return next year as with a new coordinator, experience staff would be very beneficial. Grants were approved from Service Canada, the Ministry of Tourism and the Ministry of Municipal Affairs Rural Division to help offset student wages. We are grateful that the Elgin Military Museum provided a staff member for the Jumbo Caboose again this year which is a great savings for STETA. As STETA 2007 Annual Report - 4 4 well as staffing seven days a week at the Caboose, other tourist booths staffed by STETA include Tuesday, Wednesday and Thursday at the Port Burwell Lighthouse and Friday, Saturday and Sunday at the location in Port Stanley. Ontario Tourism Marketing Partners Corporation Ontario Discoveries - This year STET A purchased a Travel Source locator ad in the Ontario summer publication of Ontario Discoveries. 450,000 copies of the magazine are distributed. This ad provides a photo and contact information for our Visit and Tour Guide which is associated with a coloured section on the Ontario map shows where Incredible Elgin/ St. Thomas is located. It was determined that this less expensive advertisement actually generated more interest for the area than the old half page ad that cost so much more. For 2008 we will recommend that we place the same ad in the fall publication of Ontario Discoveries to maintain a consistent presence in these Ontario promotional publications. Great Fall Drives - First undertaken in 2006, STETA partnered with Norfolk and Oxford Counties to create a drive program through this part of Ontario. Since the partners were in the east, the drive promoted the eastern area of Elgin County. The exposure on the website of all three partners and tourismpartners.ca was excellent. The program worked well and has been repeated in 2007 with the focus on the central to western part of Elgin County. Since we partner with Norfolk, obviously the visitors will come from the east. We promoted a tour with stops in the east but focussed the overnight accommodation in Shedden to attract visitors to the western part of the County. Great Fall Drives guides are available at the STETA office and all libraries in Elgin County. General Comments Sincere thanks to Warden Acre and County Council for their continued support and to Mark McDonald and his staff for their ongoing assistance and kind cooperation. I would also like to thank Alan Smith, Manager of Economic Development and soon to be Tourism Services who has made every effort to make the transition a smooth one. Special thanks to President Fiona Nisbet and the members of the Board of Directors of the St. Thomas - Elgin Tourist Association for their absolute support and wholehearted encouragement. Thanks to the County of Elgin for your eagerness to take hold of the prospect of bringing tourism officially into the municipal structure. Thank you also for understanding the importance of keeping the area whole by proposing that the City of St. Thomas continue to partner with you to support this vision not only on paper but financially as well. Supplementing the CEEDT AC committee by inviting two members of STET A and City Council representation affords both entities an assurance they will still have a say in tourism issues. These are very exciting times for economic development and tourism which will no doubt be just a stepping stone to a successful future. Since this will be may last report as the Executive Director of the St. Thomas - Elgin Tourist Association, I understandably have mixed emotions. We close the door on the tourist association with the satisfaction that we made a difference for tourism in the area and in so doing proved the economic value it can bring. Working with STETA and the County through the transition to the Economic Development and Tourism Services department is a challenging and exciting final phase that I look forward to with great enthusiasm. Again thank you to all. A:!Jll 0: which is respectfully submitted, \ ' Marg , Executive Director St. Thomas - Elgin Tourist Association REPORT TO COUNTY COUNCIL FROM: Councillor Bob Habkirk DATE: 01 October 2007 SUBJECT: Elgin County Museum Annual Report to Council CORPORATE GOAL(S) REFERENCED: Our aim is to promote cultural services. The report below is submitted as County Council's representative on the Elgin County Museum Advisory Committee: The committee met three times between January and September of 2007 in fulfilment of the terms of Elgin County By-law No. 05-44. The following are issues and reports brought forward to the committee during this period: New Facilitv The museum's new location on the fourth floor of the Elgin County Administration Building has been well received generally. Several special events and meetings have been held on the premises. On-going efforts to market the new location must continue, including updated tourism signage. Staff has completed unpacking, shelving and arranging the collection after the move from 32 Talbot Street in July 2006. Larger items such as furniture are currently being stored in the basement of Elgin Manor. Staffinq The committee welcomed Mr. Mike Baker to the position of Curator in April 2007 after an extensive career at Museum London. Mrs. Georgia Sitton serves as Museum Assistant and also acts as recording secretary on behalf of the committee. Currently, the museum is also supported by a summer student and intern as a result of successful grant applications to Heritage Canada's "Young Canada Works" program. 50th Anniversary and Exhibits 2007 marks the 50th anniversary of the founding of the museum by the Elgin County District Women's Institutes and St. Thomas Chapters of the lODE. A successful celebratory tea and exhibit launch was held on September 23rd to acknowledge this milestone. The exhibit highlights prized artefacts from the museum's past fifty years and will run until spring 2008. Two other exhibits were held during the past year. The first was a travelling exhibit from the Royal Ontario Museum entitled "Iroquois Beadwork". The second was entitled "On the Street and in the Studio - Selections from the Scott Studio Photograph Collection". Outreach Partnerships with County museums have been established in fulfilment of the institution's new mandate. In particular, four museums are now using the County's software to catalogue artefacts; Port Burwell Marine Museum, Edison Museum, Forge and Anvil Museum and Backus Page House. The recent hiring of an intern through Heritage Canada will help further this outreach. The Backus Page House has also received several pieces of furniture on loan. Two exhibits have been installed at Elgin Manor. Women's Institutes and lODE's continue to be active with the museum, playing a supportive role in 50th anniversary celebrations and through their standing positions on the advisory committee. The Museum Assistant visited residents in the County's long-term care facilities a total of six times with artefacts related to various themes. Visitor Statistics and Donations 572 people visited the museum to view the first three exhibits of 2007. An additional 383 people attended meetings, took programmes, or participated in tours in the museum. The 50th anniversary exhibit launch attracted close to 60 people and it is hoped that this exhibit will draw well into the fall and winter. Marketing the new location will be an on- going effort in the coming year so it is expected the number of visitors will increase in 2008. The museum has received approximately $585.00 in admission donations to date in 2007. 18 organizations or individuals have donated approximately 300 artefacts to the museum to date. The collections currently numbers over 10,000 artefacts. Port Stanlev Terminal Railwav The County established an agreement with Port Stanley Terminal Railway Inc. to facilitate a stop at the museum on Thursdays for the month of July and August. The results of this partnership were modest. The train stopped a total of three times with 23 patrons on board in total. Staff will be bringing forward a further report on this partnership for County Council's information with recommendations on how the partnership can be improved for 2008. We are fortunate to have such a dedicated group of volunteers working with our Museum and Archives who are committed to see it continue to be a success. Respectfully Submitted REPORT TO COUNTY COUNCIL FROM: Sonia Beavers, Purchasing Co-ordinator Sandra Heffren - Manager, Administrative Services DATE: 02 October 2007 SUBJECT: General Insurance and Risk Management Services Program CORPORATE GOALCS) REFERENCED: To ensure fiscal responsibility and accountability. INTRODUCTION As per Council's recommendation on November 14, 2006, Frank Cowan Insurance Company Limited was selected for the provision of General Insurance and Risk Management Services Program for 2006-2007, for the premium of $238,907 plus taxes commencing November 15, 2006 until November 14, 2007, with an option to renew for up to and including an additional four year term provided that the premium increase did not exceed 10% of the previous years' insurance program, exclusive of any program changes. DISCUSSION I CONCLUSION: The contract for the Provision of General Insurance and Risk Management Services Program expires November 14, 2007. Frank Cowan Insurance Company was asked to provide the following: a) an updated/amended General Insurance Program for the County that encompasses all of the assets and requirements of what is currently in place, b) identify options for the overall reduction of premiums while maintaining sufficient insured coverage to the County, c) submit total premium for November 15, 2007 to November 14, 2008, 2007-2008 ex irin annualized cost ro osed 2007-2008 annual remium Difference The proposed changes to the Insurance Program is outlined in Appendix A. Staff have reviewed and agree to the changes outlined in Appendix A. Frank Cowan Insurance also submitted recommendations, an optional deductible of $25,000 for council to consider. The recommendations are listed as Appendix B. If the optional deductible program is adopted, the County would receive an additional $12,849 credit. The total premium for 2007-2008 including the recommendations would then be $223,630. Staff recommend that the present deductible remain as is at $10,000. For comparison purposes, Frank Cowan Insurance was asked to review the liability limits and what the savings would be if the County were to reduce the liability limits from $20M to $15M. The savings would be $6,134. Although, the premium would decrease by a small amount, Court awards continue to increase on claims that may not be settled for a number of years, therefore $20M may be needed. Staff recommend that the present liability limits remain as is at $20M . RECOMMENDATION: THAT Frank Cowan Insurance Company be selected to provide General Insurance and Risk Management Program commencing November 15, 2007 to November 14, 2008 at their proposed annual premium of $236,479 plus applicable taxes, with an option to renew up to including an additional 3 year term provided that the premium increase does not exceed 10% of the previous years' insurance program, exclusive of any program changes, and THAT the Warden and CAO be directed and authorized to enter into an agreement for the Provision of General Insurance and Risk Management Program. Respectfully Submitted ~ef'Y\ l c.. ~oo {~r/.s Sonia Beavers Purchasing Co-Ordinator vifJ.~~ Sa a H en Manager, Administrative Services Approved for Submission cr~ Linda B. Veger Direc or Mark G. Mc Chief Administrative Officer " P\?'t e 'l'-O''-' ~ A- CHANGES TO YOUR INSURANCE PROGRAM Please be advised of the following changes to your insurance program that now apply: . The Boiler & Machinery policy has been enhanced to improve and expand coverage. The enhancements to the sublimits are the addition of Errors and Omissions for $ 100,000, Data Restoration increased from $ 10,000. to $ 25,000. with no restriction on Media, and the addition of Denial of Access with a 2 week coverage period. . Owned Automobile - the All Eerils Deductible has been increased from $ 500. to $ 1,000. overall. . Property values have been increased in order to reflect inflatiop.ary trends. ! Frank Cowan Company Limited - 26- ~ r \=\ ~e<f"\.c:l~\ )C }5 RECOMMENDATIONS We recommend that you consider the following optional coverages that are available as follows: (Please note that in addition to these coverages, you may want to consider increasing your limits of insurance or deductible levels as appropriate. You may also have other exposures that require or may benefitfrom specific insurance forms, such as: marina liability, aviation liability, etc.), SELF-INSURANCE -DEDUCTIBLE PROGRAMS For comparison purposes we are setting out optional deductible programs that the fusured may wish to consider. CLASSIFICATION PRESENT DEDUCTIBLE OPTIONAL DEDUCTIBLE CREDITS AVAILABLE Boiler & Machinery $ 10,000. $ 25,000. 10,000. 25,000. 10,000. 25,000. $ 12,849. 10,000. 25,000. 10,000. 25,000. " J Municipal Liability Errors & Omissions Environmental Liability Property ./ Frank Cowan Company Limited - 27- REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Financial Analyst Linda Veger, Director of Financial Services DATE: October 4, 2007 SUBJECT: Recovery of Collection Agency Commission Fees CORPORATE GOAL(S) REFERENCED: To ensure fiscal responsibility and accountability. INTRODUCTION: The use of a collection agency to assist in the collection of funds owed to the County of Elgin has been a long term practice that was initially endorsed by Council in 2003. In 2005, the Ministry of the Attorney General (MAG) advised municipalities via Bulletin POA-IB-063 that collection agency commission fees could be recovered from offenders along with the fine amounts upon approval by the Ministry. DISCUSSION: Staff have been utilizing the services of a collection agency since 2003. These services have been regarded as a cost of doing business and are absorbed as part of the regular budget expense. The reduction of payments to our Municipal Partners as a result of this cost has been approximately $56,000 over the course of the contract with our current agency that charges 16.9% for the collection of individuals and 10% for collection of corporate fines. Research indicates that agency fees are run in the range from 10% to 45% depending on the services provided. The ability to defer these costs to the parties using the services enables us to increase our revenues in the same proportion as these agency fees are increased. Therefore, the cost of utilizing these services becomes invisible and very economical. Bulletin POA-IB-63 states that MAG consent must be obtained before these fees can be added to the defaulted fine. Since the bulletin was issued, MAG has given their approved to several courts to collect their agency fees. These courts have recently reported that they have been very successful in recovering their collection costs via this method through their collection agencies. The practice has become widely accepted as more areas adopt the practice. The MAG approval process takes several months. Therefore, staff suggest that the County begin to immediately proceed to make an application to the Ministry of the Attorney General to enable us to recover the cost of collection agency fees by passing it on to the defendant as soon as possible. CONCLUSION: Prior to making our application to the Ministry of the Attorney General, Council must pass a resolution which endorses the commission fees of any collection agency contracted to collect defaulted POA fines. Staff suggest that this practice would be beneficial in lowering our costs to collect these defaulted POA fines. Council may be required to review and renew this recommendation on occasion. RECOMMENDATION: THAT Council endorse the current use of collection agencies for the purpose of the collection of defaulted POA fines with commission fees in the range of 10% to 45%, and: THAT a certified copy of this report and resolution be forwarded to the Ministry of the Attorney General requesting their consent to add the Council approved costs associated with the use of collection agencies to the total amount owed by a defendant. Respectfully Submitted ~~::s --- iA1* tl4rd ennif ord Financial Analyst Chief Administrative Officer ~ ./A,J.J.rJ Linda Veger Director of Financial Services REPORT TO COUNTY COUNCIL FROM: Linda B. Veger, Director of Financial Services DATE: September 26,2007 SUBJECT: Budget Comparison - August 31,2007 Corporate Goal Referenced: To ensure fiscal responsibility and accountability. Introduction: Attached is the budget comparison to August 31,2007 for the County operating departments. Discussion: The departmental totals are reasonable for the eighth month of the year. Wage and benefit lines continue to be very close to the budgeted amount. The benefit lines will improve as more staff reach the maximums for Canada pension and employment insurance. Administration Building - 35,408 - purchased services positive 20,081, utilities positive 17,202. Rental income negative 13,091 - some rentals received after month end. Utility expenditures fluctuate depending on the season and may increase later in the year. Corporate Ex~enditures - 65,284 - insurance paid late 2006. Next billing will come due November 15t . Legal and professional fees under budget 13,952. Small positive variances in several other lines make of the balance of this positive variance. Overall the three Homes are in a positive position. The increases in revenues started flowing in April. Effective September 1 st the Homes will receive an increase in raw food costs of $1.43 per diem. This equates to approximately $129,000 annually. Terrace Lodge is over in the wage lines with several outbreaks already this year. Other budget lines are being closely scrutinized to make up some of the wage line negative variance. Elgin Manor (20,626) and Bobier Villa (25,086) absorbed costs for new lifts that were funded in 2005 but the invoicing was not settled until 2007. The 2005 funding flowed into the 2005 surplus. Library - 280,321 - grants from 2006 and 2007. The Library is in the process of carefully selecting expenditures for these grants. Also the annual grant from the Province has been received. Provincial Offences - 347,482 - revenues higher, indicating the increase from 401 fines. The first payment to the municipalities was made in early July. The municipalities benefiting from the 401 revenues will receive their first payment for those fines after the year end is closed. In 2008, they will receive a first payment in July for the first half of 2008. Ambulance Services - 83,330 - contractor payments lower than expected at budget time. Theses lower payments lead to lower payments from the City of St. Thomas. The capital budget comparison is also included for your review. Recommendation: THAT the report titled Budget Comparison - August 31,2007 and dated September 26,2007 be received and filed. Respectfully Submitted L~e~~~ Director of Financial Services Mark G. nald Chief Administratlv cer COUNTY OF ELGIN Departmental Budget Comparisons For The 8 Periods Ending August 31, 2007 Total YTD YTD Variance %OF Budget Budget Actual 0 Budget Warden & Council Wages 178,520 119,014 119,010 3 Benefits 8,000 5,333 4,858 475 Operations 72,000 49,467 38,126 11 ,341 Total 258,520 173,814 161,995 11,819 62.66% Administrative Services Wages 270,450 177,145 173,548 3,597 Benefits 59,500 38,973 40,259 (1,287) Operations 15,600 10,400 11 ,457 (1,057) Total 345,550 226,517 225,265 1,252 65.19% Financial Services Wages 305,968 201,205 201,822 (617) Benefits 73,891 48,591 48,746 (155) Operations 16,200 10,800 12,066 (1,266) Total 396,059 260,595 262,634 (2,038) 66.31% Human Resources Wages 320,000 209,600 207,060 2,540 Benefits 85,200 56,028 45,351 10,677 Operations 16,800 11,200 10,025 1,175 Total 422,000 276,828 262,436 14,391 62.19% Administration Building Wages 180,000 117,900 113,869 4,031 Benefits 45,000 29,475 25,180 4,295 Operations 96,500 65,736 38,654 27,081 Total 321,500 213,111 177,703 35,408 55.27% Corporate Expenditures Insurance 263,500 250,873 225,617 25,256 Telephone 30,000 20,000 22,200 (2,200) Legal & Professional 95,000 63,333 49,381 13,952 Retiree Benefits 25,000 16,667 11,705 4,962 Other Expenditures 87,990 58,660 35,346 23,314 Total 501 ,490 409,533 344,249 65,284 68.65% Engineering Wages 259,000 169,645 179,543 (9,898) Benefits 59,000 38,645 41,077 (2,432) Operations 80,100 53,400 12,711 40,689 Maintenance 2,586,850 1,295,925 1,289,922 6,003 Total 2,984,950 1,557,615 1,523,254 34,361 51.03% Agriculture Fees Revenue 0 0 (210) 210 Operations 32,953 16,577 15,624 953 Total 32,953 16,577 15,414 1,163 46.77% Elgin Manor Revenues (4,585,470) (3,056,980) (3,095,164 ) 38,184 Wages 4,106,768 2,689,933 2,706,173 (16,240) Benefits 1,032,002 675,961 719,276 (43,315) Operations 969,361 648,574 513,558 135,016 Total 1,522,661 957,489 843,843 113,646 55.42% Terrace lodge Revenues (5,172,542) (3,448,361 ) (3,474,569) 26,208 Wages 4,093,056 2,714,630 2,881,483 (166,853) Benefits 1,166,521 773,669 753,193 20,476 Operations 982,404 657,436 585,530 71,906 Total 1,069,439 697,374 745,637 (48,263) 69.72% Bobier Villa Revenues (2,927,060) (1,951,373) (1,969,431) 18,058 Wages 2,883,810 1 ,888,895 1,883,290 5,606 Benefits 723,980 474,207 438,911 35,296 Operations 718,602 480,735 434,076 46,658 Total 1,399,332 892,464 786,846 105,618 56.23% Museum Wages 84,681 55,513 49,237 6,276 Benefits 20,977 13,740 11 ,304 2,436 Operations 25,300 16,867 28,968 (12,101) Total 130,958 86,120 89,509 (3,390) 68.35% Library Wages 1,108,648 726,339 728,515 (2,175) Benefits 267,944 175,503 171,675 3,828 Collections 239,500 159,667 177,247 (17,580) Operations 243,173 162,115 (134,133) 296,248 Total 1,859,265 1,223,625 943,304 280,321 50.74% Archives Wages 85,358 55,909 69,560 (13,650) Benefits 22,193 14,536 17,550 (3,014 ) Operations 51,800 34,533 18,696 15,837 Total 159,351 104,979 105,807 (827) 66.40% land Division Wages 57,640 37,941 36,712 1,229 Benefits 9,610 6,301 7,082 (781 ) Operations (67,250) (44,833) (40,899) (3,934 ) Total 0 (592) 2,894 (3,486) 0.00% Emergency Measures Wages 5,300 3,472 3,472 0 Benefits 1,375 901 901 0 Operations 9,000 6,000 4,291 1,709 Total 15,675 10,372 8,664 1,709 55.27% Information Technologies Wages 197,525 129,379 131,430 (2,051 ) Benefits 49,381 32,345 31,927 417 Operations 299,749 199,833 162,232 37,601 Total 546,655 361,556 325,589 35,967 59.56% Provincial Offences Grant (75,045) (50,030) (93,004) 42,974 Fines Revenues (700,000) (466,667) (671,246) 204,579 Shared Revenues - Municipal 381,655 190,828 120,709 70,118 Wages 146,275 95,810 96,509 (699) Benefits 32,200 21,091 24,253 (3,162) Operations 185,975 109,850 76,178 33,672 Total (28,940) (99,118) (446,600) 347,482 1543.19% Ambulance Services Province of Ontario (3,097,692) (2,065,128) (2,088,471 ) 23,343 City of St. Thomas (1,476,139) (984,093) (941,283) (42,810) Contractor Payments 6,590,990 4,393,993 4,304,832 89,161 Wages 67,817 44,420 44,993 (573) Benefits 17,972 11,772 10,771 1,001 Operations 35,300 23,533 10,327 13,207 Total 2,138,248 1,424,498 1,341,168 83,330 62.72% Collections Revenue (305,000) (203,333) (178,000) (25,334 ) Shared Revenues - Municipal 147,919 73,960 77 ,269 (3,310) Wages 47,520 31,126 28,884 2,242 Benefits 12,545 8,217 7,897 320 Operations 34,300 22,867 15,038 7,829 Total (62,716) (67,165) (48,912) (18,253) 77.99% Economic Development Grants (90,000) (60,000) (50,000) (10,000) Wages 106,390 67,928 72,760 (4,832) Benefits 18,260 11,960 14,589 (2,629) Operations 127,200 84,800 49,579 35,221 Total 161,850 104,688 86,928 17,760 53.71% COUNTY OF ELGIN Contract Status As of October 02, 2007 Contract 2660-05-01 2660-05-03 2660-05-04 2660-05-05 2660-05-08 2660-06-04 2660-06-05 2660-06-06 2660-06-07 2660-06-08 2660-07-01 2660-07-02 2660-07-03 2660-07-04 2660-07-05 2660-07-06 2660-07-07 2660-07-08 2790-02-01 2800-01 2800-04-02 2830-04-01 2830-06-01 2840-01 5000-07-01 5780-06 5780-07- 5800-03-02 5910-05-01 5910-05-02 5910-05-03 5910-05-04 5910-06-02 5910-06-03 5910-07-01 5910-07-02 5910-07-03 5920-04-06 5920-05-01 5920-05-02 5920-05-06 5920-05-09 5920-05-13 5920-06-03 5920-06-04 5920-07-01 5920-07-02 5920-07-03 5920-07-04 5920-07-05 5920-07-06 5920-07-07 5920-07-08 5920-07-09 5930-03-01 5930-03-05 5930-06-02 5930-06-03 Garage Heat Pump Replacements - Admin Misc Professional Services - Admin Office Improvements - Admin Accessibility Upgrades - Admin Renovations for Warden/AdminlTourism - Admin Office Equipment - Admin Painting - Admin Renovation for EDO - Admin Committee Room #2 - Admin Graham Scott Enns Office Renovations Asbestos Report 2007 - Admin Asbestos Report 2007 - Garage Boiler Replacement - Garage Miscellaneous - Garage Washroom Modifications - Admin Emergency Generator Control Panels - Admin Corporate Display Board - Admin Misc Emergency Repairs - Museum Ambulance Replacement Ambulance Equipment Emergency Response Vehicle Emergency Measures - Generator Vehicle Replacement Photocopiers IT - Hardware IT - Hardware Library Accessibility Door and Wall Protection - EM Painting - EM Nurse Call Upgrade - EM Resident Security Improvements - EM Sprinkler System - EM Resident Outside Walkways - EM Tuck Shop Flooring - EM Asbestos Report 2007 - EM Gazebo - EM Magnetic Locks - TL Air Handling Units - TL Dining Lounge for Secured Residents - TL Lighting in Visitor Parking - TL Painting - TL Resident Security Improvements - TL Front Lobby - TL Resident Room Lighting - TL Furniture Replacement - TL Asbestos Report 2007 - TL HVAC Upgrade - Lobby Reception - TL Inground Sprinkler System - TL Miscellaneous Prof Fees - TL New Fire Alarm Panel - TL New Elevator - TL Activation/Nurse Room Modifications - TL Main Dining Rm Servery Improvements - TL DoorlWall Protection - BV Painting - BV Nurse Station Refurbish - BV Resident Security - BV ContractStatus Proiect Budaet $ 89,316.71 80,000.00 45,000.00 75,000.00 220,000.00 215,000.00 10,000.00 10,000.00 20,000.00 20,000.00 45,000.00 15,000.00 15,000.00 41,530.38 10,000.00 130,000.00 30,000.00 25,000.00 4,000.00 571,518.88 216,356.00 55,000.00 5,000.00 56,600.00 25,000.00 120,000.00 71,908.00 100,000.00 20,000.00 40,000.00 90,000.00 15,000.00 30,000.00 80,000.00 10,000.00 15,000.00 20,000.00 15,000.00 220,000.00 41,400.00 40,000.00 60,000.00 40,000.00 75,000.00 55,000.00 10,000.00 15,000.00 80,000.00 10,000.00 15,000.00 85,000.00 250,000.00 30,000.00 20,000.00 30,000.00 60,000.00 45,000.00 50,000.00 Actual Costs to Date Remainina Proiect budaet $ 66,828.67 31,768.00 18,390.71 46,110.69 219,775.00 185,059.61 1,665.82 5,169.04 7,334.27 8,125.98 3,000.00 15,000.00 15,000.00 41,530.38 10,000.00 122,195.01 20,470.40 25,000.00 2,261.00 300,876.19 37,481.52 19,783.50 (1,828.43) 18,154.99 3,637.71 176.48 4,963.44 43,803.83 20,000.00 1,908.32 8,752.00 2,092.67 10,039.60 21,140.74 4,764.00 15,000.00 19,400.00 3,351.85 (8,329.86) (8,135.49) 40,000.00 2,581.73 19,427.16 (12,884.28) 20,135.72 (76.40) 15,000.00 68,956.40 (754.28) 10,970.00 45,812.50 215,308.00 23,217.50 20,000.00 15,394.19 26,327.19 14,841.05 242.34 Page 1 of 2 COUNTY OF ELGIN Contract Status As of October 02, 2007 Contract 5930-06-04 5930-07-01 5930-07-02 5930-07-03 6000-01 6090-04-02 6090-05-02 6090-06-01 6090-06-03 6090-06-04 6090-07-01 6090-07-02 6090-07-03 6090-07-04 6090-07-05 6200-03-01 6200-03-03 6200-06-02 6200-06-03 6200-07-01 6210-01 6220-06-02 6220-06-05 6220-07-01 6240-07-01 6250-07-01 6250-07-02 6250-07-03 6250-07-04 6250-07-05 6250-07-06 6250-07-07 6250-07-08 6250-07-09 6250-07-10 6260-07-01 6290-05-01 6290-06-04 6290-06-05 6290-06-06 6290-07-01 6290-07-02 6290-07-03 6300-01 6330-06-01 Beds - BV General Store - BV Asbestos Report 2007 - BV Misc Professional Fees Bridge Replacement Rail Road Crossing Improvements (PSTR - Rd 4 Signals Rd 48) Road 4 Sunset Road Rehabilitation - COMRIF 11493 Misc Engineering Services (Rd 24 EA, Bridge Inspect) Avon Dr & Putnam Rd Sightline Improvements Miller Road Curb, Gutter and Drainage at School Glen Erie Line - Slope Failure Furnival Road Slope Repair Road Crack Sealing Miscellaneous Capital Projects Transportation Master Plan Road 7 Construction Road 42 Relocation John Wise Line Road Slope Repair Talbot Line Rehabilitation Road 18 OS Treatment - (119 to Southdel Dr) Land Purchase Road 18 Paved Shoulder at 401 Overpass Road 26 Resurfacing (25 to RR Tracks) Road 48 Resurfacing (Rd73 to Rd 47) plus edge repair Rd 8 Shoulder Graveling (401 to Thames R) plus Berm removal Road 45 Thin Cold Mix Overlay (Rd 4 to Rd 28) Road 40 Thin Cold Mix Overlay (Hwy 3 to Glencolin Line) Road 46 Thin Cold Mix Overlay (Hwy 3 to Best Line) Road 2 Thin Cold Mix Overlay (103 to West Lome) Road 6 Thin Cold Mix Overlay (Blacks Rd to 103) Road 52 Thin Cold Mix Overlay (74 to 73) Rd 8 Thin Cold Mix Overlay(Currie to 401 plus Bus Entrances) Rd 37 Thin Cold Mix Overlay (Avon to Oxford Line) Rd 55 Surface Treatment (Tunnel to Lakeshore) Sparta Line Thin Cold Mix Overlay Road Sign Replacements New Sarum Bridge - COMRIF 13840 Beecroft Culvert Replacement Engineering Port Burwell/Jamestown Bridge Repairs Bridge Deck Condition Surveys King George Lift Bridge - Mechanical Graham Road Culvert Lining (42 S of Crinan Line) Black's Bridge - Rural Initiatives Municipal Drains Guide Rail 2800-04-01 Ambulance Bases 6030-05- Sewage Treatment Plant ContractStatus Proiect Budaet 225,000.00 23,800.00 10,000.00 10,000.00 696,640.00 55,000.00 4,400,331.60 100,000.00 20,000.00 80,000.00 200,000.00 200,000.00 188,000.00 100,000.00 25,000.00 1,600,000.00 735,000.00 250,000.00 2,995,484.11 200,000.00 455,000.00 50,000.00 145,000.00 650,000.00 130,000.00 72,000.00 60,000.00 64,000.00 126,000.00 72,000.00 165,000.00 270,000.00 48,000.00 60,000.00 25,000.00 25,000.00 529,335.76 15,000.00 40,000.00 30,000.00 100,000.00 50,000.00 1,500,000.00 933,000.00 180,000.00 21,796,221.44 20,541.00 20,541.00 Actual Costs to Date Remainina Proiect budaet 43,698.08 13,086.89 10,000.00 10,000.00 501,468.69 20,537.55 (2,827,936.28) (5,205.02) 17,376.00 79,890.91 181,486.22 199,791.28 188,200.00 66,114.00 23,717.20 15,041.22 16,390.44 (5,346.06) 1,598,574.92 (10,937.94) 54,213.04 50,000.00 59,034.34 649,037.82 23,130.71 72,100.00 60,000.00 64,000.00 126,000.00 72,000.00 165,000.00 258,835.00 48,000.00 60,000.00 25,000.00 22,028.10 (235,269.99) 11,920.16 34,392.98 22,115.87 56,937.49 951.11 1,495,973.69 35,723.61 501.88 5,252,786.61 Page 2 of 2 REPORT TO COUNTY COUNCIL FROM: Harley Underhill, Director of Human Resources DATE: Oct 2, 2007 SUBJECT: Payment of Eligibility for Absences and Sick Leave Payment Forms Corporate Goal(s) Referenced: To be recognized as a desired employer. To recognize and seize opportunities for improvement. INTRODUCTION In order for an employee to be on an approved non occupational absence from their workplace for more than three days or be entitled to sick leave payment, forms from Acclaim Disability Management must be completed. Once the forms are completed and sent to Acclaim they decide on the approval for the absence and or payment to be made. There is a cost to have the forms completed by the appropriate professional and at the current time this cost is borne by the employee. DISCUSSION: For some time now the issue of who pays has received numerous discussions in union forums and at the senior management table. It is inferred in the union contracts and county policy that the forms are part of the approval and eligibility process to obtain benefits and/or approval for being away from work. In the spirit of improving our labour relations and staff morale we could take the approach of paying for all forms which, after going through the adjudication process, support the employee's absence. What is the cost to follow this practice? Upon review of the past year it appears that the cost for each home would be approximately $1500.00 and for all other departments the cost is so low that they should be able to be covered in normal operating costs. CONCLUSION: There is an opportunity to change a practice that would provide for better labour relations with our unions, improve staff morale and be fair and consistent with all county employees. Staff would recommend that the payment of the forms from Acclaim Disability Management be paid for by the employees department provided the forms once adjudicated support the non occupational absence. All costs associated with the change in practice would be paid from the departments operating budget. Recommendation: That reasonable costs of the medical support forms required by the County's third party disability management provider be borne by the employee and reimbursed by the department once supported by the adjudication process; and That the costs of providing this changed practice be budgeted for in 2008; and That the practice be changed effective January 1, 2008. Respectfully Submitted Approved for Mark McDon Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Amy Hoogsteen, Human Resources Co-ordinator DATE: October 16, 2007 SUBJECT: Updates to Policies 5.60, 8.320, 9.10, 9.120 CORPORATE GOAL'S) REFERENCED: 1) To ensure fiscal responsibility and accountability 7) To provide innovative and collaborative quality service 8) To recognize and seize opportunities for improvement INTRODUCTION: Since Acclaim Ability Management Inc. has come on board as our disability management provider, it has become apparent that our policies regarding short term disability, modified work programs, reporting & records, and return to work need to be revised. DISCUSSION: Upon a review of the attached policies currently in use throughout the County the attached changes to the Human Resources policies 5.60 - Short-term Disability, 8.320 - Modified Work Program, 9.10 - Reporting & Records, and 9.120 - Return to Work are proposed. As part of their services, Acclaim provided advice in regards to the proposed changes to these policies. The proposed policy changes will ensure that applicable County policies are in line with the services of a third party disability management provider, therefore ensuring consistency in all aspects of disability management. CONCLUSION: The proposed changes to policies 5.60, 8.320, 9.10, and 9.120 as attached ensure that County policies are consistent with the disability management services currently being provided by Acclaim Ability Management Inc. RECOMMENDATION: THAT County Council approve the attached changes to the Human Resources policies 5.60 - Short-term Disability, 8.320 - Modified Work, 9.10 - Reporting & Records, and 9.120 - Return to Work. Respectfully Submitted ~~ Amy Hoo steen ~ Human Resource r: inator County of Elgin Section: 5 Human Resources Policy Manual Subject: Short-term Disability Policy Number: 5.60 Code - NU/FTIGl Date Approved: Sept. 11/91 Page 1 of 3 Date Last Revision: Dec. 11/03 SHORT-TERM DISABILITY A. Each non-union employee, upon completion of three months continuous service with the County, shall be eligible for the new short-term disability benefit. Employees that begin their service with the County of Elgin, as contract employees, will be eligible for short-term benefits when they attain regular employment, subject to section 1.20 (d) ii. B. Benefits as outlined below (C.) will commence on the first day of disability due to a non-occupational accident or sickness and will be payable at current rates for up to 75 days in any calendar year. C. Insured Days Length of Service 66 2/3 of (At December 31 st) Full Salary Salary 3 months but less than 1 year 5 70 1 year but less than 2 years 10 65 2 years but less than 3 years 15 60 3 years but less than 4 years 20 55 4 years but less than 5 years 25 50 5 years but less than 6 years 30 45 6 years but less than 7 years 35 40 7 years but less than 8 years 45 30 8 years but less than 9 years 55 20 9 years but less than 10 years 65 10 Over 10 years 75 0 Where an employee completes his/her three (3) months of continuous service and is unable to be credited with insured days as indicated in the table, full or 66 2/3 insured days shall be calculated on a prorated basis for the current year by taking the number of days from the completion of the probation period to December 31 st of that year over 365 and multiplied by 5 and 70 respectively. Credits will be in multiples of one-quarter days ego Employee starts March 15 and completes probation period June 14. Calculation- June 15 to December 31 = 200 days County of Elgin Section: 5 Human Resources Policy Manual Subject: Short-Term Disability Policy Number: 5.60 Code - NU/FTIG+ Date Approved: Sept. 11/91 Page 2 of 3 Date Last Revision: Dec. 11/03 C. 200 x 5 = 2.73 or 2 3/4 days at full pay 365 200 x 70 = 38.36 or 381/4 days at 66 2/3's pay 365 D. Full salary days will automatically be reinstated at January 1 st of each year, based on the length of service at that time, whether off sick at the time or working. E. (a) These days may not be used to top up Workplace Safety and Insurance Board benefits. (b) Employees with greater than two weeks of vacation entitlement may, at their written request, use the vacation credits in excess of two weeks to top up their payment of 66 2/3. F. An employee absent on a Statutory Holiday while on Short Term Disability, will have that day charged against their insured days. G. Any days to the credit of the employee contain no cash value, on termination of employment, by reason of retirement or otherwise. H. (a) After an employee has had three (3) periods of sick leave of three (3) days or less within a calendar year, the Employer may refuse to pay for the fourth or subsequent period of sick leave, notwithstanding that the employee has accumulated sick leave to his/her credit. It is understood that this provision is an endeavour to eliminate abuses of sick leave and is in addition to any other disciplinary action which the Employer may deem fit to invoke. (b) In order to protect the privacy of all employees and provide a fair and consistent method of managing all claims, where sick leave absence has or will be in excess of three consecutive days the following will apply: 1. The supervisor shall notify the Human Resources ^s~i~tnnt Coordinator of any absence in excess of three (3) consecutive scheduled shifts. 2. The Human Resources ^~~i~tnnt Coordinator shall, by rcgi~tcrcd mail, for\i"ard provide the forms to the employee to be completed and sent directly to the third party firm selected by the employer. If the employee can not obtain the forms prior to their absence, the third party disability management provider may send the forms directly to the employee or to the employee's treating practitioner. If there County of Elgin Section: 5 Human Resources Policy Manual Subject: Short-Term Disability Policy Number: 5.60 Code - NU/FTlGl Date Approved: Sept. 11/91 Page 3of3 Date Last Revision: Dec. 11/03 were any questions as to whether the third party forms need to be completed, it would be at the discretion of the Director, in conjunction with Human Resources. 3. The Human Resources Coordinator shall notify the third party firm of the employee absence. 4. The third party firm shall work closely with the employee, attending physician and the employer to have a successful return to work. 5. Employees shall be responsible for providing all medically required documentation directly to the third party disability management provider. 6. The employee is responsible for obtaining the required documentation at his/her own expense. The employee shall be reimbursed for all reasonable costs of obtaining medical documentation forms required by the County's third party disability management provider, if the absence is supported through adjudication and by original receipts. If the claim is not supported, then the employee is not eligible to claim reimbursement. I. An employee who is absent from employment due to pregnancy related illness or childbirth is not eligible for Sick Leave Pay during: (a) the period commencing ten (10) weeks prior to the calendar week of the expected date of delivery and ending with the sixth (6th) week after the calendar week at which the actual delivery takes place or; (b) any maternity leave of absence mutually agreed to by you and the Employer or; (c) any period of time for which you are eligible to receive maternity benefits as provided by the Employment Insurance Act. J. Short-term disability benefits, which begin to be paid prior to age 65, will continue until the employee has received a total of at least fifteen (15) weeks of benefits or has exhausted accumulated paid sick leave or, until the employee is no longer disabled or the employee retires, whichever comes first. Special Circumstance: Example An employee has returned to work following a lengthy illness. All seventy-five (75) sick days were exhausted. Perhaps the employee was even on long term disability. In the unlikely event that this employee becomes ill again: a) If the medical documentation indicates that the illness is a recurrence of the original condition, every effort will be made with the long-term disability insurance carrier to have the long-term disability claim re-established. b) If the medical documentation clearly indicates that the reason for the absence is totally unrelated to the condition that previously caused the employee to be absent, the employee will have the short term disability plan restarted: Le. 75 days, but @ 66 2/3 of salary. County of Elgin Section: 8 Human Resources Policy Manual Subject: Modified Work Program Policy Number: 8.320 Code - A Date Approved: Jan.28/97 Page 1 of2 Date Last Revision: The purpose of this program is to provide a system that assists employees who have experienced an occupational or non-occupational injury, illness or diminished capacity, to return to gainful employment at the pre-injury job or at a comparable job, as quickly and easily as possible. The program will assist the worker to return to a job maximizing his/her full recovery. To achieve this, the Health and Safety Coordinator Human Resources Coordinator will notify the third party disability management provider of employee absences in excess of three consecutive scheduled shifts, and immediately for an occupational injury. The third party provider will liaise with the employee, the employee's supervisor, the employee's medical practitioner, (Sample letter Appendix 1 ), the bargaining unit, the 'Norker:J' Compensation Workplace Safety and Insurance Board, the In:Jurance Carrier ':.:here applicable, or other suitable persons, to enter the employee back into the workplace, at a lesser capacity, if necessary. Prior to commencement of a temporary return to work schedule, medically documented capabilities will be obtained. In all cases of non-occupational injury or illness, occupational or non occupational, the employee is required to have his/her medical Treating Practitioner complete any forms required by the third party provider and submit the completed forms to the third party provider as soon as possible. Treatment Form and Modified 'Norl< Program document, (Appendix 2), and return same to the employer on the date of injury, whenever possible. In the case of an occupational injury, the employee is required to have a Functional Abilities Form completed by their Treating Practitioner and submit the form back to their Manager or the Human Resources Coordinator. In the case of an occupational injury, once medical documentation has been provided to support the need for modified duties and accommodations are offered, the third party provider will work with Human Resources and/or Manager to propose a Graduated Return to Work Schedule. The employer will temporarily provide reduced hours, reduced tasks, or a combination of both to enable the employee to work harden gradually. In the case of a non-occupational injury the employer will temporarily provide reduced hours once medical documentation has been provided to support the need for reduced hours. It is intended that whatever meaningful and productive duties are assigned, they will be within the employee's capabilities, keeping within the recommendations of the medical practitioner. The Modified Work Program will usually last no longer than six (6) to eight (8) weeks. In many situations, only a short time will be required-;- Detailed parameters are outlined in Appendix 3. If a graduated return to work is recommended by the third party provider, the employee is required to have his/her Treating Practitioner or Treatment Provider [Le. physiotherapist, County of Elgin Section: 8 Human Resources Policy Manual Subject: Modified Work Program Policy Number: 8.320 Code - A Date Approved: Jan.28/97 Page 2 of 2 Date Last Revision: specialist, etc.] endorse the Graduated Return to Work Schedule and return the endorsed letter to the third party provider. In the case of an occupational injury, the employee will also have to submit a Functional Abilities Form completed by their Treating Physician to their supervisor or human resources coordinator. If the GRTW Schedule is not endorsed by the treating practitioner, objective medical documentation to support the opinion must be provided to the third party provider. If medically documented capabilities are received by way of a completed functional abilities form or an endorsed graduated return to work plan the Human Resources Coordinator will prepare a transitional work assignment (TWA) according to the medically documented capabilities received. The TWA will be reviewed with the employee and a union representative by the Manager before the employee begins their modified duties or graduated return to work plan. The employee will sign off on the TWA, acknowledging that they will only perform the duties of their position listed on the TWA, as obtained from their treatment provider, in order to ensure a safe return to work. Throughout the program, the employee will communicate regularly with the Manager and the third party provider. The progress will be monitored throughout the program until the employee returns to full regular duties. Any changes to the program [Le. extension, additional restrictions] must be discussed with all parties [Le. employee, Manager, human resources, treatment provider/treating physician] and must be supported through objective medical documentation. The co-operation and participation of all parties will result in a program that will benefit all employees of Elgin County. The foregoing is in no way to be interpreted as a reduction of the employee's rights under the Collective Agreements or any other applicable legislation of the Province of Ontario. Appendix 1 Gate Dr. ST. THOM,^,S, Ontario Dear Dr. Re: In our ongoing efforts to return injured/ill vJorkers to gainful employment as quickly as pO:J:Jible, vie arc pleased to advi:Je you that '.ve are able to temporarily provide reduced hours, reduced task:J, or a combination of both, to a:J:Ji:Jt our employee to 'Nork harden gradually. Our Modified 'Nork Program usually docs not extend beyond :Jix to eight weeks. When i:J able, '.ve look forward to assisting him/her to gradually vlork up to hi:J/her regular preinjury full/part time :Jchedule. If you require additional information, plea:Je contact me at 631 1460, exten:Jion 111. Thank you in advance for your assistance to return to work. Your:J truly, Health and Safety Coordinator I:fm cc: Employee Employee's Supervisor Director of Human Resources COUNTY OF ELCIN TRE~ TMENT :=ORM & MODiF-IED WORK PROCRN.i Appendix 2 Our policy ic to promote the well being of employeee by providing cuitable work, in cooperation with the treating medical practitioner, ae the worker claimc to have been injured and requeetc treatment. Because the worker is responsible for returning this form to the Employer on the date of injury,onset of illness, please complete and return to the employee during this visit. EMPLOYEE NAME: TIME OF INJURY: SIGN/\TURE OF AUTHORIZED REPRESENT/\TIVE: *** PLEASE COMPLETE J/'lHERE APPROPRlA TE *** INJURY D/\TE: AM ! PM 1. Specific orea of body involved: (eg. left 'Nrict, thoracic epine, right ring finger, etc.) 2. Employee may return at once to REGUL^.R VVORK. YES D NO D DATE: 3. Employee may return to MODIFIED DUTIES. YES D NO D Df.TE: 4. Ifmodified duties, please check appropriate space. May start at 2 hours per shift _, 4 houre per ehift , 6 hourc per chift , 8 houre per chift 5. CAPABILITIES: Pleaee advice ue of the employee'e capabilities by circling the appropriate numbere. Lifting / Carrying Commente 0 No weight at thic time; '",i11 reevaluate 1 Light 1 0 lb. max. 2 Medium 30 lb. max. 3 Heavy 50 lb. max. 1 Short 0 5 ft. 5 Medium 6 12 ft. ~ ." A Bending Com mente 0 Not at current time; will recvaluate 1 Occacional < 1 hour 2 Frequent 1 4 hourc 3 Continuoue > 1 hourc T.....ieting ! Turninq Commentc 0 Not at current time; .....ill reevaluate 1 Occaeional < 1 hour 2 Frequent 1 1 hourc 3 Continuoue > 4 hourc Walking Commentc 0 Not at current time; will reevaluate 1 Occaeional < 1 hour 2 Frequent 1 1 hourc 3 Continuoue > 4 hourc Standinq Commente 0 Not at current time; ',','ill recvaluate 1 Occaeional -:: 1 hour 2 Frequent 1 4 hourc 3 Continuouc > 4 hourc ~ Commente 0 Not at current time; will ree'..aluate 1 Occacional < 1 hour 2 Frequent 1 1 hourc 3 Continuoue > 4 hourc Repetitive Motion Commentc 0 Not at current time; will reevaluate 1 Occacional -:: 1 hour 2 Frequent 1 1 hourc 3 Continuouc > 4 hourc 6. TREATMENT: Doee employee require further treatment? YES 0 SIGNATURE: MEDIC/\L PRACTITIONER: Pleaee print name: NO 0 Time Period D/\TE: Appendix 3 MODIFIED 'NORK PROGRAM GOAL The goal of this program i::; to assist a worker to return to a job maximizing his/her full recovery. PARAMETERS Prior to commencement of a temf3 ,t t obtained. oral) re urn 0 'Nork :::;chedulc, medically documented capabilities '.viII be This temporal)' program 'vVill u::;ually la::;t from ::;ix t 'At... . referenced ","..ith the Ontario Disability G .d r 0 el~ vvee!<s. four to SIX weeks. The duration v..ill be dependent upon the :::;everity of the injur"\'/illn~~sC ;~;~h arH~~t~~um r~co\'cry ~~ration and will also be } ,e er..1 e medical practitioner's recommendation:::;. HOURS of V'JORK: Week One Two hours \^Jeek Tv..o Three hours 'Neck Three Four hours 'Neck Four Four hours 'Neck Five Five hour:::; 'Neck Six Six hours 'Neck Seven Seven hours 'Neck Eight C' \...... \... r::lglll I.our::; Return to regular'v'Vork Throughout the program, the 'vvorker 'Nill com 't ' H' , monitored and at a maximum of ei ht "'eeks mumc~ ~ reg~lnrly ..Ith the supervisor. The progress will be and ability to return to preinjUry/iIIne~s d;pacity ~ decIsion will bc made regarding the employee's progress The:::;e parameters arc only guidelines. In each :::;ituati tA ,., . .. the employee::; capabilitie:::; and the medical p 1'1' ~n, e program ,..III be :::;tructured IndiVidually, vJithin +A' ,. rac I loner s recommendations I:::; I:::; the maximum duration for the wo~ram M' I' H" " harden, In all situation:::;, the program will be str~ct~~~r.~t~i ~~ee::; ..I,ll not re~~lre ~Ight week::; to 'vVork and the employees capabilities. Hour:::; may b h d I"d n .e medical practltl~ner::; recommendations sfH-ft. e ::;c cue anytime, not nece::;::;anly at the beginning of a The ::;cheduled increa::;e::; in hour:::; worked '/v'ill val"" for full and part l' employees. } Ime (Statistics show that a vlorker who can get to four Vleeks, can usuaf,1y reDch preinjury capacity Therefore, two 'Neeks at four hours is appropriate) County of Elgin Section: 9 Human Resources Policy Manual Subject: Reporting & Records Policy Number: 9.10 Date Approved: Oct. 1/87 Date Last Revision: Jan. 23/96 Code - A Page 1 of 1 Employees who must be absent from work for sickness and other unavoidable reasons must report the fact to their Department Head as soon as possible prior to the commencement of their work period. The rea~on for, and the expected length of the abaence must be noted. Unreported or unauthorized absences are subject to disciplinary action including termination. Department Heads are responsible for maintaining attendance records for their staff. Department Heads shall immediately report ALL absences from \vorl<, full time and part time, to the Human Resource~ Department (Payroll Department) (Human Reaourcea Coordinat-or) (utilizing the attached form). In the event that an employee is absent due to illness or injury for three consecutive scheduled shifts Department Heads shall notify the Human Resources Coordinator, who shall notify the third party provider immediately for early intervention. The third party provider will contact the employee to confirm absence and go through the return to work process. The employee will be responsible for completing any forms and/or providing any medical documentation as required by the third party provider in order to have their absence approved. Any benefits they may be eligible for will only be paid to the employee upon approval. If there were any questions as to whether the third party forms need to be completed, it would be at the discretion of the Director, in conjunction with Human Resources. The employee is responsible for obtaining the required documentation at his/her own cost. The employee shall be reimbursed for all reasonable costs of obtaining medical documentation forms required by the County's third party disability management provider, if the absence is supported through adjudication and by original receipts. If the claim is not supported, then the employee is not eligible to claim reimbursement. A Doctor'~ note shall be required: i) At the on~et of the lost time, if the absence is due to a 'Nork related illness or incident. ii) At the onset of the Qb~ence, if the employee i~ expected to be absent for a prolonged period of time. eg. Surgery, accident off duty, leave of absence, etc. iii) 'Nhere ~ick leave absence ha~ been in exce~~ of five (5) consecutive day~, the employee ~hall not be paid ~ick leave credit~ unle~~ he!~he furnishes the Head of his/her Department 'with a Doctor's Certificate or other explanation~ ~ati~factory to the employer. For unionized employee~ in accordance \Nith the Collective Agreement. iv) For employee~ receiving Short Term Disability benefits, the Phy~ician's initial and ~ub~equent statement~ ~hall be appropriDte documentation. v) For employees receiving Long Term Di~ability benefit~, the application form shall be appropriate documentation. I MAFlON FORM EMPLOYER IAFOR , RECORDING ABSENCES FOR REPORTING AAD Attachment 1 TERR~CELODGE c=J ADMINISTRATION c=J HUMAN RESOURCES c=J ELGIN MANOR c=J ENGINEERING SERVICES c=J FIN/\NCIAL SERVICES c=J BOBIER VILLA c=J c=J LIBRARY N^ME DEPARTMENT REPORTED TO: TIME/DATE REPORTED: om,' pm Time D/\ TE U\ST WORKED (MM/DDNYYY) Date (MM/DDNYYY) EMPLOYMENT ST/\ TUS: Part Time (MM/DDNYYY) D D Full Time D^ TE OF ABSENCE R~+blRNED D,^,TE R ""<t: y Y I I . ....- _I MANAGEABLE ABSENCES I ~ , :~:..r>..il - .r ABSENCES - ~ :- APPROVED I' /~ Maternity/Parental Leave ,^,ccident "Off Duty njul) Compacoionate Leave Sucpenoion sm ~octor'o /\ppointment. . . Union Buoineoo gg 4 d'fied 'Mork/Rehabllitatlon Special Circumctancec No Show IVtot I .. . I. nuh. GtAeF hate .. I s in family) IO...,;rl ^ ..... LONG (Not Paid I.e., GlC meo Sick Dayc ,. d f4 Absence Exp,ame eosons or (M M '1;:n;)PAOPf) Rcpltlccd By: f- f)cPiJ Ftmcnt HciJd/!~~I}.:Jfl~rt~~p"c;!".r~~~~)L_ S. ""'-'Fe 0-- I uuuu_ A ""....o"':".cd ;rrniJU:.'um_m_ mum -U..'l 11'- _____;7___ .-Office-Use Only K Kronoc D SC - Schedule Changed D Date: Report Recorded By: County of Elgin Human Resources Policy Manual Section: 9 Subject: Return To Work Policy Number: 9.120 Date Approved: Oct.1/87 Date Last Revision: Oct.26/93 Code - A Page 1 of 1 In accordance '.vith Policy 5.60 or a Collective Agreement, employees returning to '.vorl< after a ~icl< leave, mu~t provide a doctor'~ note approving the return to 'Nork, and will give an much advance notice a~ possible to the Department Head of their return. If an employee is absent due to illness or injury in excess of three consecutive scheduled shifts, objective medical documentation stating that the employee is fit to return to work must be provided to the third party disability management provider before any shifts will be scheduled. The third party disability management provider will advise the employer of the return to work date, and the employee will then contact the manager to obtain their work schedule. If a modified work program is advised by the employee's treating practitioner or recommended by the third party disability management provider refer to policy 8.320. REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: September 14, 2007 SUBJECT: Asbestos Regulation 278/05 - Update CORPORATE GOALS To recognize and seize opportunities for improvement. INTRODUCTION: The Ministry of Labour made significant improvements to Regulation 838 - Asbestos on Construction Projects and in Building and Repair Operations. The new regulation, Ontario Regulation 278/05, replaced Regulation 838. The new regulation is part of the Ontario government's "ongoing commitment to create safer and healthier workplaces, they have expanded protections based on the latest scientific and technical knowledge regarding asbestos. The next step will be to introduce worker training. The move comes as part of a government initiative to improve general workplace heath and safety issues." DISCUSSION: The new regulations updated safe work measures and procedures and enhanced respiratory protection for workers who may encounter asbestos in the course of work. The key highlights of the new regulation include: . A definition of 'asbestos containing material', . Updating respiratory protection and re-c1assifying work procedures, . Clarifying the duties of an owner to inspect for asbestos and the intent of the asbestos management program, . Introducing a requirement to provide advance written notice to the joint health and safety committee, and, . Provide new and updated requirements for: asbestos bulk sample analysis, including non-friable asbestos in the asbestos management program, glove bag requirements and procedures, use of negative air pressure to prevent air leakage of dust that may contain asbestos and clearance air testing requirements. Of importance in the new Ontario Regulation 278/05 for owners is: Sections 8) the requirement of the ongoing asbestos management in buildings, Subsection 2 c) the owner of a building knows or ought to reasonably to know that asbestos containing material has been used in the building for any purpose related to the building, including insulation, fireproofing and ceiling tiles. Since the County of Elgin meets the requirements of section 2 c) and therefore section 3) a) becomes in effect. Sections 3 a) states: prepare and keep on the premises a record containing the information set out in subsection 4) which shall locate the materials, whether the material is friable or non-friable, in the case of friable sprayed on material for each location, list if the material is containing asbestos and in any other case the type and a statement that the material will be treated as through it contained a type of asbestos other than chrysotile. Clarification was required on when asbestos containing materials was used in the building industry. Asbestos containing materials was banned in Ontario in 1986 and it is generally accepted that the industry cut off date for the asbestos containing materials was 1991. Therefore, the Ministry of Labour, through their regional program co-ordinator, confirmed that it was reasonable to use 1991 as the date that all materials containing asbestos were not used in the construction industry. With the above as the guidelines the County will test the following buildings for asbestos: Administration Building, Works Facility and Terrace Lodge. The estimated price for the testing is $25,000. For information purposes friable asbestos materials are generally: sprayed thermal insulation, sprayed fireproofing, sprayed decorative acoustic stipple finishes. These products would pulverize by crumbling in the hands. Non-friable materials (manufactured products) would be: vinyl floor tiles, vinyl sheet flooring, drywall joint compound, roof materials asbestos cement (transite), gasketing, ceiling tiles, textile products, vermiculite, zoomlite. As Council is aware, the County is a tenant at many facilities owned by the lower-tier municipalities and one private organization. These landlords will be requested to provide proof of compliance to ensure that County staff is protected. CONCLUSION: The Government of Ontario made changes to the legislation due to their ongoing commitment to create safer and healthier workplaces, which is due in part to the latest scientific and technical knowledge about asbestos. Ontario Regulation 278/05 became law on November 1, 2005 and gave all parties two years to comply with the requirements. The Regulation states "the owner of a building knows or ought reasonably to know that friable asbestos containing materials has been used in the building for any purpose related to the building, including insulation and fireproofing. " Since asbestos was banned in 1985 and the industry "cut off" date for asbestos in buildings was 1991 it is reasonable to test for asbestos on buildings built prior to 1991. The 1991 date was also confirmed as reasonable from the Ministry of Labour. Capital funds, $70,000, was approved and only $25,000 is estimated for the Administration Building, Works Facility and Terrace Lodge. The remaining funds will be declared surplus and will be re-allocated as established practice. RECOMMENDATION: That staff be directed to write the various landlords requesting proof of compliance with Ontario Regulation 278/05 regarding asbestos. Respectfully Submitted ~~C\~ Approved for Clayton Watters Director, Engineering Services Mark McDona Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: September 18, 2007 SUBJECT: Black Bridge Engineering Tender Coroorate Goal's) Referenced: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. Introduction As part of the approved 2007 Capital Budget, engineering for the replacement of the Black Bridge was advertised as per the County's purchasing policy and was received until August 28, 2007. Discussion The scope of work for the replacement of the Black Bridge, on Plank Road in the Municipality of Bayham, includes engineering, inspection and contract administration. The replacement will require a temporary bailey bridge for an on site detour, removal and replacement of a sanitary force main for the Municipality of Bayham, and obtaining all necessary government approvals (DFO, Transport Canada, Long Point CA etc.) for work around the environmentally sensitive cold water stream. The following table lists the tenders received: Company Submitted Price Peter T. Mitches and Associates Limited $ 34,238.00 Spriet Associates Limited $ 73,564.00 Stantec Consultinq Limited $ 153,700.00 As with all tenders, the County reserves the right to reject any and all tenders. Section 1.2 of the Tender states, "The County may accept any Tender in whole or in part, whether the price or prices be the lowest or not, and may reject any and all tenders." Staff is concerned with selecting the lowest bidder for 2 primary reasons. Firstly, it is staff's opinion that the bid results are unbalanced and the lowest price received does not reflect the County's past experience for engineering projects of similar scope. Competitive bids for similar services are typically in the 5 - 10% range of the total project cost. The total project estimate to replace the Black Bridge is $1,500,000 and therefore engineering services of this scope have historically been worth $75,000 to $150,000. The lowest bid represents a value of less than 2.5% of the total project value. Staff's only explanation of this bid is that all costs have not been included in the submitted price. Secondly, the Proof of Ability section of the lowest submitted tender does not include a project similar to the scope of work requested. Although the lowest bidder has provided examples of other bridges where engineering services were provided, none exceed the value of $500,000, are integral abutment designs, on pile foundations, with temporary bailey bridge detours and over a sensitive cold water stream with no in-water work permitted. Engineering, inspection and contract administration; while relatively inexpensive compared to the total project cost, can lead to higher than anticipated expenditures if not handled properly from the start. It has been staff's experience that the project's success will be measured by the consultant's ability to balance the needs of all affected parties. In this project, the following groups will need to be approached, consulted, requested and/or accommodated: the Federal/Provincial Government, Long Point Region Conservation Authority, Municipality of Bayham, the County of Elgin road users and local rate payers. It is staff's opinion that without direct and applicable experience the project's success will be jeopardised. The firm submitting the second lowest bid, Spriet Associates London Limited has extensive experience with similar bridges in the County of Elgin and has most recently provided engineering services for: the New Sarum Bridge, Vienna North Bridge, Edison Bridge, Kingsmill Bridge, Fleming Creek North and Fleming Creek South Bridge. These projects have all been successful. In addition the quote is more in line with anticipated total expenditures and expected fees for this type of work. There is a comfort level that the quoted fees accurately accounts for the time and effort required for this project. Conclusion Three tenders were received when staff advertised as per the County's purchasing policy until August 28, 2007. It is staff's opinion that the lowest bid received is unbalanced based upon past experience. In addition, the required Proof of Ability list of similar projects submitted by the lowest bidder are not directly comparable to the Black Bridge Replacement project. Therefore, staff is recommending selecting the second lowest bidder who has a proven track record of similar successful projects for the County of Elgin. Recommendation THAT Spriet Associates London Limited be selected to complete engineering services for the replacement of the Black Bridge, at their total tender price of $ 73/564.00 inclusive of taxes. RESPECT FULL Y SUBMITTED APPROVED FOR S BMISSION ---ffiW~ k Clayton Watters Director of Engineering Mark McDo Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services DATE: September 26, 2007 SUBJECT: Wellington Street - Port Burwell Coroorate Goa/{s) Referenced: To build and maintain an efficient, affordable, effective and safe transportation network that accommodates the diverse needs of our communities and is able to support economic development and sustainable growth. Introduction In 2005 the County of Elgin transferred Lakeshore Line to the Municipality of Bayham and in return the County of Elgin assumed Glen Erie Line. A short section of County Road 42, Wellington Street in Port Burwell, is still under the ownership of Elgin County, which is causing some confusion for visitors. Discussion Upon completion of the transfer of Lakeshore Line to the Municipality of Bayham and Glen Erie Line to the County of Elgin, there is one administrative issue that needs to be resolved. The County presently has a short section of County Road 42, Wellington Road, in Port Burwell that does not connect efficiently to Glen Erie Line, the last segment of County Road 42. Robinson Street in Port Burwell and a section of Plank Road north of Port Burwell to Glen Erie Line should be labelled County Road 19 and County Road 42 to limit confusion. This is similar to County Road 40/45 between John Wise Line and Calton Line. In order to clarify the issue staff is recommending that Wellington Street in Port Burwell be renumbered to County Road 142. This change in road number has an effect on the specific road by-laws such as the consolidating, thru lane and speed reductions. These by-laws can be amended when there are additional changes' being made. Therefore, this does not cause an additional administrative burden. In making the administrative change a few road signs will have to be removed and new signage will be installed, these costs are less than $1,000. Conclusion Staff is recommending to clarify some confusion on Wellington Street in Port Burwell. Staff is recommending that Wellington Street be designated as County Road 142, and that all necessary by-laws be amended in due course. Recommendation That Wellington Street in Port Burwell, County Road 42 be renumber 142 and that all affected by-laws be amended as they are reviewed. RESPECTFULL Y SUBMITTED a!0a~ Director of Engineering APPROVED FOR SUBMISSION Mark Mc Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Clayton Watters, Director of Engineering Services Pat VanDevenne, Director of Senior Services Bobier Villa DATE: September 14, 2007 SUBJECT: Bobier Villa - Caledonia II CORPORATE GOALS To recognize and seize opportunities for improvement. INTRODUCTION: The Dutton & District Lions Non-Profit Housing Incorporated - (Caledonia II) is in the process of building a second facility, Caledonia II a 30 unit complex, that closely matches the original and very successful Caledonia I. The new facility will be situated between Bobier Villa and Pioneer Line. Caledonia II has requested from the County of Elgin responses to issues, as per the attached letter. DISCUSSION: Caledonia II has requested the County of Elgin co-operate with certain aspects of the new facility. Specifically they are: o Walking/ cart path to join two facilities, o Landscaping on County of Elgin property, o Drainage realignment and o Build a conservatory on County of Elgin property. Caledonia II is interested in a walking/ cart path between Caledonia II and Bobier Villa for meals and services that the tenants will be requiring. The County has constructed a sidewalk in a small area and will be installing additional sidewalks as funds become available. The proposed sidewalk by Caledonia II is an advantage for the residents at Bobier Villa that are physically active and for the families who are interested in a few moments of quality time in a serene area. An additional benefit is if both parties can allocate funds jointly then synergies can exist, which is beneficial for both facilities. There are certain risks that the County faces with permitting other individual's using County infrastructure. There is the usual slips, trips and falls. Other issues are the cost sharing of funds for installing and maintaining the infrastructure throughout the year. Who will be responsible for the settlements, clearing of snow and ice? All risks are serious but an agreement will clarify responsibilities and also transfer risk or protect the interest of all parties. Caledonia II also is requesting landscaping to provide an aesthetically pleasing environment for the residents of Bobier Villa and Caledonia II. Elgin County is in the process of expanding the small area that was landscaped in recent years and it will be expanded, if funds are available. There is similar risks as discussed above in that, who is responsible for installing and maintaining the landscaping? Who will pay for expanding the landscaping and who will replace the plants that succumb to a natural or man made death? Again these issues and risk can be clarified with an agreement. Caledonia II requests the swale that runs through their new facility to be relocated. This can be completed as long as it is designed by an engineer with experience and to standards of today. Also, this item can be incorporated into an agreement. The last issue is Caledonia II requested the County consider in principle a conservatory to be constructed on County of Elgin property. Benefits to the County of Elgin are the residents could use the facility during times of adverse weather. The risks to the County are: who is responsible for the construction and maintenance? The location is between the two facilities which is now a path for emergency services. If the path for the emergency services was changed, as they suggest through the new facility, then the emergency services could possibly be in conflict with cars parking in the emergency route. One issue not directly requested is the access point that Caledonia II will be entering Bobier Villa. The new entrance cannot be attached to any wings, due to the resident's rooms in those areas. It also cannot be near the activation room due to the using those facilities. The only logical locations is either through the existing Caledonia I or through the main Bobier Villa entrance. In summary the four issues that they have requested a response to can be managed with good planning, sound engineering and a legal agreement. CONCLUSION: The Dutton-Dunwich Lions Non-Profit Housing Incorporated is in the process of constructing a new 30 unit complex between Bobier Villa and Pioneer Line, Caledonia II. Caledonia II has requested from the County of Elgin: a walking /cart path, landscaping, redirection of a swale and agree in principle to building a conservatory on County property. All the requests mentioned above are beneficial to the County of Elgin and to the Caledonia II, but, there are risks to the County. There will be maintenance issues, requests for additional capital and risks for personal injury. Therefore, the solicitor for the County of Elgin and Caledonia II draft an agreement to permit the walkway, landscaping, redirection of swale and agree in principle to construct the conservatory; perhaps in a different location. One area that needs further discussion is where Caledonia II will be entering Bobier Villa. RECOMMENDATION: That County Council support, in principle, the various requests from the Dutton & District Lions Non-Profit Housing Incorporated regarding the construction of Caledonia II; and also, That subject to the approval of the County Solicitor, the necessary agreement(s) be prepared for execution; further That staff determine the most logical location for access to the Bobier Villa. Respectfully Submitted wWA~ Clayton Watters Director, Engineering Services ...r;; ( ) ~rl..UJ~AM.. · Pat Vandevenne Director, Senior Services Bobier Villa ion Mar Chief Administrative Officer DUTTON & DISTRICT LIONS NON-PROFIT HOUSING INC. Box 489, DUTTON, ONTARIO NOL lJO TEL. 519 7620348 FAX 519 762 5764 August 12, 2007 County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5VI Attention: Mark McDonald Chief Administrative Officer Re: Caledonia TWO Affordable Seniors Housing Development On behalf of Dutton & District Lions Non-Profit Housing I would like to express our sincere appreciation to the County of Elgin for transferring the surplus lands adjacent to the Bobier Villa in Dutton to the Municipality of Dutton-Dunwich. This generous contribution by the County of Elgin and the Municipality of Dutton-Dunwich was instrumental in our success in receiving a funding allocation from the Canada-Ontario Affordable Housing Program to construct 30 units of seniors housing on this land. The land has since been transferred to Dutton & District Lions Non-Profit Housing and plans and drawings are underway for the Caledonia TWO development. We believe that the addition of Caledonia TWO will greatly enhance the seniors housing and care continuum that is being established with the Bobier Villa as the activity and service hub of the campus. This letter is to outline some ideas and requests that will help integrate the new apartment building into the continuum and be of mutual benefit to all. 1. Access to the Bobier Villa Programs and Services As you are aware because of some restrictions of access by the Ministry of Health and Long Term Care, the new apartment building cannot be physically linked the way that Caledonia Gardens is now connected to Bobier Villa. That connection has proven to be a great benefit to the residents of Caledonia Gardens and a financial benefit to the Home. Dutton & District Lions Non-Profit Housing are requesting that a walking/cart path be permitted to be constructed from the new apartment to the link that joins the Bobier Villa with Caledonia Gardens. The path would provide a safe access by the residents of Caledonia TWO to the building for meals and services. It would be beneficial to residents of the Home and Caledonia Gardens for recreational walking or for a hard surface path, which residents in wheelchairs could utilize with an attendant. We believe the horticultural society could suggest some interesting landscaping that would be pleasing to the residents. A rough sketch is attached. 2. Drainage and Encroachment of Public Patio Areas 2.1 The Bennet Drain, a large municipal drain, runs along the frontage of the property parallel to Pioneer Line. The drain is almost entirely on the Caledonia Two housing site and is approximately 10 metres wide. Consequently we have had to move the building to the south closer to the Bobier Villa and the building is now 7.3 metres from the lot line. A large patio has been designed at the south of the building for the use of the residents and guests. Caledonia TWO would like to utilize all of the possible space for this outdoor area. We request that landscaping be permitted to be located on the Bobier Villa property to provide an aesthetically pleasing environment for the residents of both the apartment building and the Home. A sketch is attached 2.2 The west side of the Bobier Villa property is drained by a swale that at present bisects the Caledonia TWO apartment property. It will be necessary to relocate the swale to the west side of 1 the apartment property. The most cost effective way to do this in order to maintain the Bobier Villa drainage and to not interfere with the apartment building and parking areas is to maintain overland flow through a new swale that will begin on the Bobier Villa property and flow to the west of the parking lot for Caledonia TWO. We require the permission of the County to redirect the swale on the Bobier Villa property. Engineering drawings will be submitted to the Municipality for review prior to any work commencing. 3. Future Conservatory The Board of Dutton & District Lions Non-Profit Housing believes that at some time in the future and subject to community funding being available, it would be beneficial to have a Conservatory between the Bobier Villa and the Caledonia TWO apartment building that would be for the use of both facilities. This would permit all year round activities in essentially an outdoor setting. The construction of this facility would necessitate the relocation of the existing fire route. Caledonia TWO is prepared to provide access on the west side of their property to accommodate future fire route requirements. We request that the County of Elgin agree in principle that a future Conservatory would be given consideration to be located between the Caledonia TWO and the Bobier Villa subject to funding being available and subject to the building meeting the required building code and municipal approvals. We look forward to your response and again thank you for your help on this exciting and valuable community project. Yours truly, Bob Purcell Chair Caledonia TWO Housing Steering Committee 2 REPORT TO COUNTY COUNCIL FROM: Sandra Heffren, Manager, Administrative Services DATE: September 26, 2007 SUBJECT: A POLICY FOR PROVISION OF NOTICE TO THE PUBLIC Corporate Goals Referenced 1. To ensure fiscal responsibility and accountability. Introduction: Revisions to the Municipal Act, 2001 requires that a policy be adopted regarding the sale and other disposition of land. Discussion: Changes to the Municipal Act deleted the former requirements respecting the circumstances and manner in which notice would be provided to the public and was replaced by stating that Council is to adopt a policy. There are also specific matters which have prescribed notice requirements. Staff have reviewed the former notice provision by- law and have made amendments in bold type throughout the attached document. A schedule has also been compiled that details the manner and time of notice for matters for which provision is prescribed as well as notice provision for highway closing that is not prescribed for which the public should receive appropriate notice. The policy provides accountability and transparency to the public for Council's actions regarding notice provision. Conclusion: A policy must be adopted respecting the circumstances and manner in which notice will be provided to the public. Recommendation: THAT the policy detailed in the attached draft by-law respecting the circumstances and manner in which the Council will provide notice to the public be adopted. Respectfully Submitted Approved for Submission 0~&.~~ San r Heff , Manager, Administrative Services. Mark G. McDonald, Chief Administrative Officer. COUNTY OF ELGIN By-Law No. 07-29 "BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE CIRCUMSTANCES AND MANNER IN WHICH NOTICE WILL BE PROVIDED TO THE PUBLIC" WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, a municipality shall adopt and maintain policies with respect to the circumstances in which the municipality shall provide notice to the public and, if notice is to be provided, the form, manner and times notice shall be given; and WHEREAS it is deemed expedient to set out reasonable minimum notice requirements for those actions for which notice requirements are not prescribed under the provisions of the Municipal Act or its regulations; NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: DEFINITIONS 1. In this By-Law a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, and amendments thereto; b) "Clerk" means the Chief Administrative Officer of the Corporation of the County of Elgin and includes his/her designate; c) "Council" means the Municipal Council of the Corporation of the County of Elgin; d) "County" means the Corporation of the County of Elgin; e) "Form" means the format of the notice; f) "Mailed" means prepaid first class mail or sent by courier; g) "Prescribed Requirements" means the requirements prescribed by the Municipal Act, 2001, or its regulations; h) "Newspaper" means a printed publication in sheet form, intended for general circulation, published regularly; i) "Published or Publication" means published in a daily or weekly newspaper publication that, in the opinion of the Clerk, has such circulation within the municipality as to provide reasonable notice to those affected; j) "Treasurer" means the Director of Financial Services of the Corporation of the County of Elgin; k) "Warden" means the Warden of the Corporation of the County of Elgin; I) "Website" means the official County of Elgin Internet website. 2. Manner of Notice Where notice of intention to pass a by-law or notice of a public meeting is required to be given under a provision of the Act, the Clerk shall cause such notice to be published in a newspaper, to be posted at each of the lower-tier municipal offices, and to be posted on the County website, in the form and manner and at the times indicated in Schedule "A" to this by-law unless: a) Council directs that other public notice is to be given as the Council considers adequate in the circumstances; b) No additional notice will be required for subsequent meetings where a matter has been deferred or referred to a subsequent meeting by the Council. c) Notwithstanding Section 2 of this By-Law, a notice is deemed to have been given in accordance with the requirements of Schedule "A" of this By-Law even if there are times when the County's website is not accessible to the public. -2- 3. Time of Notice Where notice of intention to pass a by-law or notice of a public meeting is required to be given, such notice shall be provided in the timeframe prescribed in the Act or its regulations, and if not so prescribed or in the form and manner indicated in Schedule "A" to this by-law, notice shall be given at least once during the fourteen (14) days immediately preceding consideration of the matter by the Council. 4. Form of Notice Unless otherwise prescribed in the Act or its regulations, where notice of intention to pass a by-law or notice of a public meeting is required to be given, the form of the notice shall include the following information: a) the section of the Act or its regulations that apply to the matter; b) a description of the purpose of the meeting, or the purpose and effect of the proposed by-law; c) the date, time and location of the meeting; d) where the purpose of the meeting or proposed by-law is related to specific lands within the County, a reference to a municipal address or to a legal description or a key map showing the affected lands; e) the name and address of the person who will receive written comments including the deadline for receiving such comments, on the matter that is the subject of the meeting or proposed by-law. FINANCIAL 5. Operating Costs Incurred Prior to Budget Approval Normal operating costs incurred prior to the adoption of the annual budget shall not require notice, and approval of such expenditures shall be deemed ratified upon the adoption of the annual budget. FINANCIAL no longer required 5. Adoption of J\nnual Budget The notice provicions set out in Sections 2, 3 and 1 shall apply to the adoption of the annual budget in total. 6. J\mendments to Budget INhere expenditure estimates approved in the budget have been subject to quotations or tenders quoting an amount greater than the estimated expenditure f-or that item, the approval process set out under the County Procurement Policy shall apply, and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, 'Nith the notation "Amendment to Budget", shall constitute sufficient notice. 7. New projects that have not been included in the annual budget shall be detailed in a staff report and notice of such amendment to the budget shall be included in the report and the printing of this item on the Council Agenda, with the notation "Amendment to Budget", shall constitute sufficient notice. Improvements to Service Unless other.vise designated by regulation, notice of improvements in the efficiency and effectiveness of the delivery of services by the County and its local boards; and barriers identified by the County and its local boards to achieving improvements in the efficiency and eff-octivenesc of the delivery of cervices by them, shall be published in the newspaper at the came time ac preccribed in the ,^.ct f-or the publication of the Financial Statements of the County. GENERAL 6. Where separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail. -3- 7. No notice ch::111 be required under this by low, ,,,here the pro'Jision of notice 'Nill interfere 'Nith the ::1bility of Council to conduct business ';\lith respect to a matter permitted f-or ::1 closed meeting under Section 230 of the I\Ct. 7. Nothing in this by-law shall prevent the Clerk from using more comprehensive methods of notice or providing for a longer notice period. 8. This By-Law and Schedule "An shall apply to the Council's local boards and committees where applicable. EMERGENCY PROVISION 9. If a matter arises, which in the opinion of the Clerk in consultation with the Warden, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the County, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the notice requirements of this by-law may be waived and the Clerk shall make his/her best efforts to provide as much notice as is reasonable under the circumstances. REPEAL 10. That By-Law No. 02-33 be and is hereby repealed. EFFECTIVE DATE 11. This by-law shall come into force and effect on the date of its passing. READ a first and second time this 16th day of October 2007 READ a third time and finally passed this 16th day of October 2007 Mark G. McDonald, Chief Administrative Officer. Lynn Acre, Warden. MATTER Highway Closing (permanent) - not prescribed but the public should be given reasonable notice Prohibition or regulation of destruction or injuring of trees in woodlands Proposal to Restructure Change of Name of Municipality Intention to Pass a By-Law to Change Composition of Council Council or local board meetinQs Procedure by-law governing calling, proceedings and place of meetings SECTION OF ACT 34 135 173 187 219 238 238 -4- SCHEDULE "A" By-Law No. 07-29 MANNER AND TIME OF NOTICE . Notice of intention to pass a by-law published once in at least one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered . Notice by registered mail to abutting property owners . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to abutting Municipality or Municipalities . Notice to utilities servicing area of subject road allowance . Posted on County website . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to constituent Municipalities . Posted on County website . Notice of public meeting published once in at least one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to affected Municipality or Municipalities . Posted on County website . Notice of public meeting published once in at least one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to constituent Municipalities . Posted on Countv website . Notice of public meeting published once in at least one newspaper that in the opinion of the Clerk is of sufficient general circulation in the area to which the proposed by-law would apply to give the public reasonable notice at least twenty-one (21) days prior to the meeting when the by-law is to be considered . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to constituent Municipalities . Posted on County website . In accordance with the Council's Procedural By-Law . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Posted on County website -5- Sale or Disposition 270 . In accordance with the by-law governing the sale and of Land disposition of land Review of by-law 283 . Notice of intention to pass a by-law at the next regular regarding one-third council meeting included on agenda of preceding of remuneration regular Council meeting - once during the four-year deemed to be term of office of Council expenses incident . Posted on County website to discharge of duties of Council members Adoption of Budget 291 . Notice of intention to pass a by-law at the next regular council meeting included on agenda of preceding regular Council meeting . Notice mailed to constituent Municipalities . Posted on Countv website Audited Financial 295 . Notice of audited financial statements to be published Statements - once in at least one newspaper that in the opinion of Publication the Treasurer has sufficient general circulation in the municipality within sixty (60) days after receiving the audited financial statements for the previous year; to include that information will be made available at no cost to any taxpayer or resident of the municipality upon request . Posted on Countv website REPORT TO COUNTY COUNCIL FROM: Sandra Heffren, Manager, Administrative Services DATE: October 1, 2007 SUBJECT: A POLICY FOR SALE AND OTHER DISPOSITION OF LAND Corporate Goals Referenced 1. To ensure fiscal responsibility and accountability. Introduction: Revisions to the Municipal Act, 2001 requires that a policy be adopted regarding the sale and other disposition of land. Discussion: The changes to the Municipal Act deleted the former provincial regulation regarding sale of land and was replaced by stating that Council is to adopt a policy. Although there is no criterion for development of a policy, the policy should include how the Council is accountable and to demonstrate to the public that it is receiving a fair market value for land it may dispose of or sell. Council has a by-law in place that sets out the requirements of the former provincial regulation for sale of land, and after review of the current procedure in the by-law, the process detailed would certainly meet the expectation from the public that the Council is accountable for its sale or disposition of land. The by-law requires updating to include current statutory requirements and notice provision (changes are in bold), and is attached for Council's consideration. Conclusion: A policy must be adopted for sale and other disposition of land. The process detailed in the current by-law is accountable to the public and is recommended by staff to continue. An updated by-law is required to include current statutory requirements and notice provision. Recommendation: THAT the policy detailed in the attached draft by-law respecting the sale and other disposition of land by the Council be adopted. Respectfully Submitted ~bmi'~ Mark G. McDonald, Chief Administrative Officer. 0fj~. ' San r Heff , Manager, Administrative Services. COUNTY OF ELGIN By-Law No. 07-30 "BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE SALE AND OTHER DISPOSITION OF LAND AND TO REPEAL BY-LAW NO. 95-11" 'NHEREI\S, tho PI::mning and Municipal Statute Law I\mendmenL^,ct, 1004, requiren that every Council with authority to coli or othelv..ine dispone of roal property shall by by law entablish procedures governing the sale or roal property; WHEREAS pursuant to the Municipal Act, 2001, 5.0. 2001, c. 25, S. 270, a municipality shall adopt and maintain a policy with respect to its sale and other disposition of land; and WHEREAS it is deemed desirable to establish reasonable and accountable requirements respecting the sale and other disposition of land. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. Council shall by resolution prior to the sale or other disposition of land, declare any of its land to be surplus to the needs of the Corporation and to take action as described in Schedule "A" attached hereto. 2. This By-Law and Schedule "A" shall apply to all classes of land owned by the Corporation, save and except: a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; b) land formerly used for railway lines if sold to an owner of land abutting the former railway land; c) land that does not have direct access to a highway if sold to the owner of land abutting that land; d) land repurchased by an owner in accordance with Section 42 of the Expropriations Act; e) easements granted to public utilities or to telephone companies; f) classes of land described under Section 110 of the Municipal Act (agreements for municipal capital facilities); g) land sold under Section 107 (general power to make grants); h) surplus land acquired for road widening. 3. Council may sell or dispose of land to the following classes of public bodies without obtaining an appraisal: a) a municipality; b) a local board, including a school board and a conservation authority; c) The Crown In Right of Ontario or Canada and their agencies. 4. A public register shall be established and maintained listing and describing all land owned or leased by the Corporation, save and except: a) land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; b) highways; c) land formerly used for railway lines. 5. This By-Law and Schedule "A" shall apply to the Council's local boards and committees where applicable. 6. THAT By-Law No. 95-11 be and is hereby repealed. -2- 7. This by-law shall come into force and effect on the date of its passing. READ a first and second time this 16th day of October 2007 READ a third time and finally passed this 16th day of October 2007 Mark G. McDonald, Chief Administrative Officer. Lynn Acre, Warden. -3- SCHEDULE "A" By-Law No. 07-30 PROCEDURE - SALE AND OTHER DISPOSITION OF LAND 1. Obtain approval from any other agencies involved, if necessary 2. Obtain a survey of the land proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario, if deemed appropriate 3. Obtain an appraisal, if required, of the fair market value of the land proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada; ii) not be directly connected with any real estate brokerage firm, i.e. a real estate agent; and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the land by tender or request for quotations: i) advertisement public notice shall be given by advertising in a local newspaper having sufficient general circulation in the County to provide coverage throughout the entire geographic area of Elgin County at least fourteen (14) days prior to the Council meeting when the sale or disposition will be decided and posted on the County website. Advertisement in newspapers outside the County of Elgin shall be at the discretion of the Council. The advertisement shall include a brief description of the land, including a small location sketch and shall specify the dates involved 'Nith the sale or reference to a municipal address or to a legal description, and the name and address of the person who will receive written submissions including the deadline for receiving submissions; ii) costs incurred or required to dispose of the proposed land, including legal fees, survey, appraisal, encumbrances, advertising, improvement, etc., shall be established; iii) an estimated bid amount shall be established, which shall be based on the appraised value and shall be increased to include the amounts of the costs referred to in Clause 4 ii) above; iv) the tender or quotation documents shall be submitted to the County GJe.r:k Chief Administrative Officer or designate and shall include the statement that "the highest or any offer may not necessarily be accepted"; and after issuing a public notice, Council may offer the surplus property to the abutting landowner. REPORT TO COUNTY COUNCIL FROM: Sandra Heffren, Manager, Administrative Services DATE: September 26, 2007 SUBJECT: A POLICY FOR THE DELEGATION OF COUNCIL'S POWERS AND DUTIES Corporate Goals Referenced 1. To ensure fiscal responsibility and accountability. Introduction: Revisions to the Municipal Act, 2001 requires that a policy be adopted should the Council wish to delegate any of its powers and duties. Discussion: The Municipal Act requires Council to adopt a policy respecting delegation of any of its powers and duties. The Council may delegate powers and duties of a minor and administrative nature. Powers that cannot be delegated are core functions, such as adoption or amendment of the budget; setting of taxes, user fees, tax rates and ratios; appointment or removal of statutory officers. Council has previously delegated various powers of a routine nature to staff. These include authority to approve spending and procurement of goods within respective budgets and within dollar limits; entering into service agreements; temporary closing of highways for parades; temporary closing of highways for construction and for lowering posted speed limits within the construction zone; designation of reduced load limits on roads; execution of OMERS documents. The Council has also delegated, by by-law, quasi-judicial powers to its appointees on the Elgin County Land Division Committee. A policy has been prepared outlining to whom the Council would delegate its powers and duties and is attached for Council's consideration. Conclusion: A policy must be adopted respecting delegation of any of the Council's powers and duties. Recommendation: THAT the policy in the attached draft by-law respecting the delegation of the Council's powers and duties be adopted. Respectfully Submitted Approved fo Isslon Mark G. , Chief Administrative Officer. COUNTY OF ELGIN By-Law No. 07- 28 "BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE DELEGATION OF MINOR COUNCIL POWERS AND DUTIES TO STAFF AND LOCAL BOARDS" WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 23.1, provides authority for the Council to delegate routine and minor powers and duties to staff or other bodies; and WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, provides that a municipality shall adopt and maintain policies with respect to the delegation by the Council of its powers and duties; and WHEREAS it is deemed advisable to delegate certain powers and duties of the Council to enable the Council to focus on larger core issues; and WHEREAS the Council may delegate quasi-judicial powers to a body of which at least 50% are council appointees; and WHEREAS Council has by by-law delegated authority to and by separate by-law has appointed a land division committee to consider and act on consent matters under the Planning Act. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Corporation of the County of Elgin hereby adopts a Policy for Delegation by the Council of Certain Powers and Duties, attached as Schedule "A" hereto and forming part of this by-Law. 2. THAT this by-law shall come into force and effect on the date of its passing. READ a first and second time this 16th day of October 2007 READ a third time and finally passed this 16th day of October 2007 Mark G. McDonald, Chief Administrative Officer. Lynn Acre, Warden. -2- SCHEDULE "A" By-Law No. 07-28 A POLICY FOR DELEGATION BY THE COUNCIL OF ITS POWERS AND DUTIES Policy Statement This policy outlines the direction for Council procedure in the delegation of its powers and duties as described in Section 23.1 of the Municipal Act, 2001 and in compliance with Section 270 of the Municipal Act, 2001 Application This Policy shall apply to County of Elgin officers, staff, appointees and agents with respect to carrying out delegated powers and duties of the Council. 1. The powers and duties delegated by the Council are not to be legislative or quasi- judicial and are considered minor or routine in nature. Notwithstanding Section 1, a legislative or quasi-judicial power may be delegated, in accordance with the Municipal Act, the Planning Act and such other Acts as may be prescribed, to: a) one or more members of its council or a council committee b) a body having at least two members of whom at least 50% are i. members of its council; ii. individuals appointed by its council iii a combination of individuals described in subclauses i and ii or c) an individual who is an officer, employee or agent of the municipality. 2. The persons to whom Council may delegate certain powers and duties are County officers, staff, appointees or agents of the municipality. 3. Council reserves the right to hear any appeal made by a person or body of a delegated approval decision and at any such hearing shall uphold, dismiss or modify the delegated approval decision as determined by a recorded vote. 4. Council reserves the right to add delegated authority as is may deem appropriate unless excluded from doing so by the Municipal Act or any Act. Definitions 1. Delegation shall mean the transfer of approval authority of certain powers and duties from council to designated County officers, staff, appointees or agents of the municipality. Deleaation Approval The delegated powers and duties approved by the Council to its County Officers, staff positions, agents, and appointees, which may change from time to time as directed by the Council, is attached as Appendix "An to this policy. Exclusions Unless specifically delegated in this Policy, all the powers and duties of Council as described in the Municipal Act 2001 shall remain with the Council. The following powers and duties cannot be delegated by the Council. 1. the power to appoint or remove from office an officer of the municipality whose appointment is required by the Municipal Act 2001 2. The power to pass by-laws for municipal taxation, tax rates or tax ratios, or user fees -3- 3. the power to incorporate municipal corporations 4. the power to adopt or amend the budget of the municipality 5. the power to pass by-laws under the Municipal Act Subsection 110 "Agreements for Municipal Capital Facilities" 6. any other power or duty that may be prescribed. APPENDIX "A" Deleqation Approval Approvals are hereby delegated by the Council to its County Officers, staff positions, agents; and appointees, which may change from time to time as directed by the Council, to the following: 1. The Director of Engineering Services or designate is delegated authority to approve: . Temporary closure of highways for parades, recreational, community, or other social events under certain conditions. An annual written summary report will be provided to the Council in the fall of the year. . Temporary closure of highways for construction purposes and for lowering posted speed limits within a construction zone under certain conditions. The Council will be informed of such closure at the earliest opportunity. . Reduced load limits on highways during the spring thaw. An annual written summary report will be provided to the Council in the fall of the year. 2. The Director of Engineering Services, being a Professional Engineer, is delegated the authority to approve County engineering and design standards. 3. The Director of Human Resources is delegated authority to execute OMERS documents. A written report will be presented to the Council prior to execution of said documents. 4. Department Heads are delegated authority to: . Enter into service agreements and in accordance with the Council's Procurement Policy. A written summary report will be provided to the Council at least semi- annually or more often if required by the Council's Procurement Policy. . Expend funds within respective budgets, within dollar limits, and in accordance with the Council's Procurement Policy. A written summary report will be provided to the Council at least semi-annually or more often if required by the Council's Procurement Policy. . Approve staff vacation carryover. A written summary report will be provided to the Council late in each year. 5. Council appointees to the Elgin County Land Division Committee are delegated quasi-judicial authority to render decisions for consent purposes and act on behalf of the Council for consent matters under the Planning Act. A written summary report will be provided to the Council in November of each year. 6. The Kettle Creek Conservation Authority is delegated authority to carry out requirements of the County Woodlot Conservation by-law. A written summary report will be provided to Council in the fall of each year. REPORT TO COUNTY COUNCIL FROM: Alan Smith, Manager, Economic Development DATE: September 27, 2007 SUBJECT: BizPal - Business Permits and Licences Corporate Goals: . To forge community partnerships . To provide innovative and collaborative quality service . To recognize and seize opportunities for improvement Introduction: The Economic Development & Tourism Services department is currently working with Service Ontario to have Elgin be the first County in Ontario to join the web-based service, BizPal - a new Government on-line business permit and license identification system. This on-line service simplifies the business permit, licence and other compliance regulation process for entrepreneurs, governments, and third party business service providers. The service eliminates the guesswork and streamlines the process of obtaining permits and licenses required from all levels of government to conduct business. By answering some questions, the user receives a customised list of permits and licences required operating a particular business. Therefore, once implemented, businesses, established and emerging, within Elgin County will have an easy and convenient, one-stop on-line access to permit and licence information for all levels of government. Discussion: In order to assist entrepreneurs start up faster and provide greater efficiencies with business planning research, Industry Canada in partnership with a lead group of governments, launched the BizPal Pilot Project in December 2005 through to the first half of 2006. The program is now considered "sustainable" and is rapidly expanding to governments throughout Canada. Although several Ontario communities have joined the BizPal system, Elgin will be the first County in Ontario to participate. In BizPaL a "Question & Answer Wizard" guides users (Le. entrepreneurs) through the business permit and licence process accessed through local, provincial/territorial, or federal government websites. The result, a list of licences and permits are provided showing the requirements from all levels of government pertaining to that particular business enquiry or start-up. The process described is convenient as BizPal can significantly reduce the amount of time entrepreneurs would otherwise have spent on research. Entrepreneurs or those individuals already operating a business do not have to contact multiple levels of government to ensure that all regulatory requirements have been met - as all of the information is available from a single source. Furthermore, knowing the list of regulatory requirements that are needed enables the user to comply with them and get it right the first time. Thus the convenience of BizPal may save the user money while enabling him/her to spend more time on other important aspects of business planning. BizPaL also helps governments. By enabling business clients to do much of the permit and licence work themselves prior to contacting government, BizPaL can significantly reduce government involvement and expense, while improving the service experience for clients. This streamlining of the permit and licensing process increases efficiency and enhances customer service - this can make a municipality or region more attractive to business. Thus benefiting a local economy (see Appendix 1 for listing of benefits). Recognising the potential benefits to local entrepreneurs, established business, and to local governments within the County of Elgin, the Manager of Economic Development and Tourism Services is working with a Service Ontario analyst to integrate the County's permit and licence information within the BizPal system (it should be noted that an upper tier government must be fully integrated before a lower tier government(s) can join the system). Each lower tier government within Elgin County had the opportunity of having staff representation at a BizPal information session hosted by the County. Attendees (staff from five municipalities/townships was present) listened to a presentation by two representatives of Service Ontario. Those who were in attendance agreed that this service has the potential of assisting local business and entrepreneurs with their business expansions or start-ups in their respective municipality/township. Participants also suggested that a "working group" be formed consisting of a staff person from each lower tier government to assist with project development and implementation. Local Administrators/CAOs' from each municipality/township have been updated on this initiative and request(s) have been made to appoint a staff person with a detailed knowledge/understanding of their licensing and permit system, to the working group. At the time of writing, five municipalities/townships have agreed to participate in the BizPal initiative and have appointed a staff person. Each lower tier government within Elgin County is strongly being encouraged to participate in BizPal. For this venture to have regional significance and be successful and meaningful to the local business community, requires the participation from them. The only costs that will be occurred are staff time, as municipal information must be entered into the BizPal system. Depending upon the amount of information to be integrated, those interested parties looking to start a business in Elgin County will have access to BizPal in approximately three months. 2 Conclusion: BizPaL is a web-based service that allows business clients to easily generate a customised list of the permits and licences they require from all levels of government about a particular type of business. The Economic Development and Tourism Service department is currently working with Service Ontario to have Elgin be the first County in Ontario to participate in this initiative. However, in order for the business community and the region to gain the potential benefits associated with BizPal, requires participation from the local municipalities/townships. Participating local governments will have a more efficient and customer friendly permit and licensing system thus making them more attractive to business. Those individuals looking to start or expand their business operations in Elgin County will have access to a service that will improve their business planning practices saving them time and other valuable resources - ultimately helping them start their businesses faster and more efficiently. Recommendation: That the September 27,2007, report entitled "BizPal- Business Permits and Licences" submitted by the Manager of Economic Development and Tourism Services, be received for information. Approved for Submission Name: Alan Smith Position: Economic Development Manager . e Officer. 3 .,.!.. 0> (/) C eel U o .c :s: (/) J.. ...... G) C e: 0> 1::= u C'lS.c c....... - .~ e: ...... G) C E 0> e: 0. J.. (/) G) 0> ~ E C):+:i ...... C ~ e .Q :: (j)eel(/) O>:t:: 0> :::leel~ 0"' (j) C 0> ::. 0> _::.u .00>0. eelc- Q; '- 0> ::.o.c > '+"- (/) (/) - (/) COO> eelOc c...... .- :::l 0> (/) '- C :::l 0> .- .0 ~ O>:S: .~ ~ 0> '- 0> ~I-:-"O C I 0 0>...... 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CO ~ Q) ~ o CI) REPORT TO COUNTY COUNCIL FROM: Alan Smith, Manager, Economic Development DATE: September 28, 2007 SUBJECT: Municipality of Bayham - Financial Contribution Request Corporate Goals: . To promote Elgin as "The Place to Live" . To forge community partnerships . To recognize and seize opportunities for improvement Introduction: Elgin County Council adopted the following resolution at its July 24,2007, meeting: "That the correspondence regarding a financial contribution to the Municipality of Bayham towards a feasibility and impact study regarding Port Burwell Harbour Potential International Ferry Service be referred to CEEDTAC to investigate and make a recommendation for Council's consideration." This report addresses the above resolution. A recommendation supporting the Municipality of Bayham's request is given for County Council's consideration. Discussion: As discussed in the June 22nd, 2007, correspondence, the Municipality of Bayham is pursuing development of a commercial ferry service between Port Burwell, Ontario and Fairport Harbour, Ohio. In order to determine the local and regional impacts and feasibility of such a development a detailed study is required. The cost of undertaking the study is approximately $375,000.00. Recently, the Ontario government through the Rural Economic Development (RED) program, which would cover 50% of the study costs, approved Bayham's pre-proposal and have consequently invited a formal submission from the Municipality. Of the remaining amount, it is hoped that the Federal Government will contribute 40% leaving the Municipality to pay for 10% or $37,500.00 of the study costs. Bayham is currently forming partnerships with local governments to contribute to the latter amount as surrounding municipalities may experience the benefits and feel the impacts of the initiative. According to the Seaport Management Corporation, a partner in this initiative, a ferry service between Bayham and Fairport will require a total investment in the range of $250 to $500 million. A project of this magnitude that introduces a new trade corridor and international gateway between Ontario and Ohio will have significant economic development ramifications and impacts on both sides of Lake Erie. Economic diversification; direct and indirect investment spin-off opportunities; attraction and retention of industry; increase tax assessment; employment opportunities; and transportation efficiencies are just some of the economic benefits that proponents of this project maintain that Bayham and the region may experience. The regional significance of this initiative is starting to be recognised by governments within southwestern Ontario. Oxford County have now partnered with Bayham by contributing 10% or $3750 of the total study cost (contribution is conditional on RED funding). The Municipality of Bayham is hopeful of developing partnerships with several other neighbouring governments that may be impacted by the development of a Port Burwell ferry service. During the September 24,2007, meeting of the County of Elgin Economic Development and Tourism Advisory Committee (CEEDTAC), members acknowledged the regional significance of this initiative and the potential implications on the Elgin County's economy, infrastructure (i.e. roads), and quality of life (services, noise etc.) for residents. Therefore, Committee members agreed that given the potential impacts and regional nature of this project, the County of Elgin should partner with the Municipality of Bayham in determining if providing a ferry service between Port Burwell and Fairport Harbour Ohio is feasible. Partnering would take the form of a County grant with the amount being dependent on the current budgetary situation. Committee members also acknowledged the implications of providing support for a request like Bayhams' given the status of other current projects of regional significance and potential future municipal initiatives. The resulting CEEDT AC resolutions are contained in Appendix 1. The Manager of Economic Development and Tourism Services agrees with CEEDTAC's conclusions. For the opening of a new trade corridor between Ohio and Ontario presents the possibility of new economic development opportunities/benefits to Elgin County. Impacts on the local economy and to the physical and social environments can be expected. Consequently, undertaking of this study will provide the County with a better understanding of these impacts and of the potential demands placed on County resources - as a result of such a large investment within the County's jurisdiction. County departments like Economic Development and Tourism Services and Engineering will find the information generated from the study particularly useful. However, the study is ultimately dependent on the success of Bayham obtaining funding approval from the RED program and support from the Federal government. Therefore, the remaining funds in the "unspecified grants account", $4000.00, should be released when these aspects of the funding program have been secured. It must be stressed that by partnering with Bayham to develop a feasibility and impact study does not diminish the economic significance or importance of other regional municipal projects. The Economic Development and Tourism Services department continues to work with all lower tier governments and other partners to develop and implement initiatives to advance Elgin County's economy. However, by supporting Bayham's request, there is an acknowledgement that other municipalities may approach County Council for financial support for initiatives that have an economic development 2 component. Therefore, in order to manage future financial requests in an efficient and effective manner it is prudent that the County has a process and criteria in place. Conclusion: Local, regional, and national economies will be affected by the introduction of a new international trade corridor between Ontario and Ohio with the development of a ferry service between Port Burwell and Fairport Harbour. This will create economic development opportunities for the County of Elgin. However, there could be impacts on Elgin County resources. Therefore, in order to gauge those impacts and to determine the viability of a ferry service that could lead to the County taking advantage of potential opportunities, contributing a financial sum to the Municipality of Bayham to develop a detailed feasibility and impact study is warranted. The Economic Development and Tourism Services department is committed to assisting partners advance their economic development initiatives for the betterment of the County. In order to accommodate their potential requests to County Council for financial support, it is recommended that a process and funding criteria be developed. Recommendation: 1. That $4000.00 be allocated from the County's unspecified grants account to support the Port Burwell Harbour International Ferry Service Feasibility and Impact Study with the disbursement of the funds being conditional on the Municipality of Bayham securing provincial funding through the Rural Economic Development program; and 2. That the Manager of Economic Development and Tourism Services be directed to develop a process and funding criteria to deal with requests for financial support involving economic development initiatives impacting the region. Respectfully Submitted Approved for Submi . Name: Alan S . Position: Economic Development Manager 3 Appendix 1 CEEDTAC Resolutions CEEDTAC adopted the following resolutions at it September 24th, 2007 meeting: Moved by Fiona Nisbet Seconded by Karen Kokovai Trevail 1. That County Council provide a $4000.00 grant to support the Port Burwell Harbour International Ferry Service Feasibility and Impact Study with the disbursement of the funds being conditional on the Municipality of Bayham securing provincial funding through the Rural Economic Development program. -Carried Moved by Donna Lunn Seconded by Bonnie Vowel 2. That County Council directs the Manager of Economic Development and Tourism Services to develop a process and funding criteria to deal with requests for financial support involving economic development initiatives. -Carried REPORT TO COUNTY COUNCIL FROM: Cathy Bishop, Director of Cultural Services Brian Masschaele, Manager of Cultural Services DATE: 17 September 2007 SUBJECT: Council Photograph Display CORPORATE GOAL(S) REFERENCED: To promote cultural services; To recognize and seize opportunities for improvement. INTRODUCTION: This report recommends that a new system for displaying County Council photographs be adopted. DISCUSSION: County Council is fortunate to have such an impressive visual record of past Councils on display in the hallway adjacent to Council Chambers. These photographs currently number close to a hundred. Staff are nevertheless concerned that undue damage is occurring to these pictures as a result of frequent handling (particularly on court days), inappropriate lighting and high humidity. For certain years, these are the only photographs that exist of a particular Council and must therefore be considered irreplaceable. While staff in the archives have digitized some of these photographs, many years have not been attempted due to challenges posed by the current display system. A further issue pertains to health and safety; most of the early photographs are encased in glass which has occasionally cracked or broken when handled by the public. Given these concerns, staff recommend that the current "folio" system be abandoned. In its place, staff are recommending that each photograph be scanned, graphically formatted to a consistent size (likely 10" x 14"), re-housed in an acid- free mat and frame (one free of breakable glass) and placed inside Council Chambers. The current list of Councils without a picture would also be re- created along with an introductory panel on the history of County Council. Original photographs would then be stored in the archives. It is estimated that the necessary design and printing to facilitate this approach will cost in the range of $3000 for all photographs to date. Staff have also solicited framing samples and quotes from different vendors and have chosen a style. Each frame will cost approximately $62 or a total of up to $6200. Photograph replacements and framing will therefore cost $10,000 at a maximum. Placing the photographs in the Council Chamber will also require renovations to the Chamber itself, specifically the removal of mirrors to accommodate the pictures. Engineering staff estimate that the upset limit for this work will be $5,000. The total project will therefore have an upset limit of $15,000. Staff recommend that funds to support this project be drawn from Ministry of Culture funds received by the Department of Cultural Services. This system could then be updated on an annual basis at a cost of approximately $100 per year. CONCLUSION: Staff are recommending that a new method for displaying Elgin County Council photographs be adopted due to preservation and health & safety concerns. Each photograph would be scanned, re-printed and framed to a consistent size and placed in Council Chambers. RECOMMENDATION: THAT a new system for displaying County Council photographs be adopted under the direction of the Manager of Cultural Services, with each year framed to a consistent size and placed in County Council Chambers; AND THAT funds for this project be drawn from Ministry of Culture funding received by the Department of Cultural Services with an upset limit of $15,000. Respectfully Submitted c~~ Director of Library Services ~~Q ~n Masschaele Manager of Cultural Services Mark G. c Chief Administrative Officer REPORT TO COUNTY COUNCIL FROM: Cathy Bishop Director of Cultural Services DATE: September 26, 2007 SUBJECT: Student Volunteer Criminal Checks CORPORATE GOAl(Sl REFERENCED: 1. To forge community partnerships 2. To recognize and seize opportunities for improvement 3. To be recognized as a desirable employer INTRODUCTION: Council had asked staff to investigate the process and progress of student volunteer criminal checks in the Elgin County branch libraries. Councillor Warwick requested that this report be deferred at the June, 2007 County Council session for more research to be undertaken. No new information was obtained. DISCUSSION: It should be noted that Criminal Checks are provincially mandated for the Homes. The following are exerts from Policy 3.40.1 Criminal Checks. . It is the responsibility of the Corporation to ensure that when selecting candidates for employment, or when utilizing volunteers or students, that such persons are not a potential risk to the safety of persons under the Corporation's care or to the assets of the Corporation. Persons who have a record of offences may pose such a risk depending upon the job function for which they are being considered. . Individuals who provide short term or one-time volunteer services (e.g. Friendly Visiting, school visits) under the auspices and supervision of a volunteer organization, service club or educational institution do not require a criminal record check. It is understood that the supervising organization will ensure that their volunteers are appropriately screened. Further, students who participate in one-day or job shadowing visits do not require a criminal record check. Staff Concerns The Dutton a.p.p. station is open one day a week on Tuesdays and is closed at lunch hour. This means that some students would have to take time off of school to complete a criminal check but would also need transportation to get to Dutton. Even if the Dutton a.p.p. station were open more days a week it appears that the real underlying problem is transportation for the student volunteers. Sometimes it is a problem for parents to take time off work in order to drive students to the a.p.p. station to receive criminal checks. There does not seem to be a problem with adult volunteers for criminal checks. Staff contacted all libraries throughout Elgin County to see if they too were experiencing difficulties similar to Rodney and West Lome. The following are the supervisor's comments: . Rodney, West Lome - Transportation is an issue getting to Dutton or St. Thomas . Dutton (JKGalbraith) - no concerns (O.P.P. office in Dutton) . Aylmer - no concerns (O.P.P. office in Aylmer) . Bayham, pt. Burwell Vienna - very few student volunteers as they have to come to Sf. Thomas. Many do not drive and parents have to take time off work to drive them. Aylmer O.P.P. charge $40.00 if you are not a resident of the Town of Aylmer. . Shedden - students come to the O.P.P. office in St. Thomas. Transportation is an issue especially if the student does not drive and the parents have to take time off work. . pt. Stanley - students come to the O.P.P. office in St. Thomas. Transportation is an issue. . Springfield - students come to the O.P.P. office in St. Thomas. Transportation is an issue. . Belmont - students come to the O.P.P. office in St. Thomas. Transportation is an issue. Staff from the library has also partnered with the West Elgin Secondary School by holding student volunteer interviews at the school making it more convenient for the students. The Human Resources Department has also assisted staff in 77-11 the process of interviewing by coordinating same day interviews at Bobier Villa with the Dutton library after 4:00 p.m. for the convenience of the students. Human Resources will also interview at the libraries when convenient so that students do not have travel a second time to the Administration Building. If required, the Human Resources Department will provide the Supervisors with the necessary paperwork for the volunteers so that they can conduct the interviews on their own. All of the above has assisted in alleviating the difficulties library staff was experiencing with the volunteer criminal checks and the interviewing process. CONCLUSION: It is the responsibility of the Corporation to ensure that when selecting candidates for employment, or when utilizing volunteers or students, that such persons are not a potential risk to the safety of persons under the Corporation's care or to the assets of the Corporation. Criminal checks for all potential candidates are necessary especially when the candidates are working with children. As difficult as it may be for students, providing their own means of transportation is the responsibility of any person applying for a job be it volunteer or paid. RECOMMENDATION: For Council's information. Respectfully Submitted Approved fo ~ Cathy i op Director of Cultural Services Mark onald Chief Administrative Officer REPORT TO COUNCIL FROM: Melissa Lewis, Elgin Manor Director of Senior Services DATE: October 4, 2007 SUBJECT: Elgin Manor and the Ontario Early Years Program CORPORATE GOALS REFERENCED: · Provide innovative and collaborative quality service INTRODUCTION: Elgin Manor has been approached by the Ontario Early Years program administered out of St. Thomas to request our participation as a satellite location. DISCUSSION: Current Early Years drop-in programs are provided in Aylmer, Rodney and St. Thomas, with satellite sites including a community centre, public school and long- term care home. The program is provided and supervised by Ontario Early Years, with residents of Elgin Manor being given the opportunity to view children at play one day per week during the program. Consideration has been given to ensuring appropriate protocols are established and communicated, including · infection control and outbreak exclusion, · location of the program and policies of the Home, · respecting resident choice and personal living space, · parent supervision and responsibility, and · issue/incident reporting and response. With above measures in place, the Early Years Program is consistent with the objectives of the Activation Department and standards of the Ministry. Intergenerational programming and community integration are important components of recreation and restorative programs in long-term care homes. The presence and interaction of children is a very natural aspect of day-to-day life and can enrich not only the quality and diversity of programs offered, but also the experience of residents who participate. CONCLUSION: The joint participation of Elgin Manor and Ontario Early Years for children intergenerational program has many potential benefits for both the residents of the home and young families from the community. RECOMMENDATION: THAT the report entitled Elgin Manor and the Ontario Early Years Program be received and filed. Respectfully Submitted Approved for Submission a oble, Senior Services ager of Programs & Therapy ~~ Mel ssa Lewis, Elgin Ma~- Director of Senior Services REPORT TO COUNTY COUNCIL FROM: Mark G. McDonald, Chief Administrative Officer. DATE: October 4th, 2007 SUBJECT: CLOSED MEETING INVESTIGATOR Goals: 1) To ensure fiscal responsibility and accountability I ntrod uction: Recently a meeting was held with lower-tier administrators to discuss the options for appointing a Closed Meeting Investigator for participating municipalities. This report describes the options discussed and recommends the appointment of an investigator prior to the January 1 st, 2008 effective date of the legislation. BackQround: On May 22nd, 2007, the Minister of Municipal Affairs and Housing wrote to all Heads of Council to advise that the government has set January 1 st, 2008 for proclamation of various sections of The Municipal Statute Law Amendment Act, 2006. One such amendment will enable any person to request an investigation of whether a municipality or local board has complied with the 'closed meetings' requirements in the Act. The municipality has two options if a request for an investigation is filed: 1) Engage the services of an independent investigator, or; 2) By default, if no investigator has been appointed, then the Provincial Ombudsman will conduct the investigation. Rather than rely on a provincially-appointed investigator, the County Council may prefer to appoint an experienced and knowledgeable individual. According to the Act, the appointing municipality shall have regard for: 1) The investigator's independence and impartiality: 2) The confidentiality with respect to the investigator's activities, and; 3) The credibility of the investigator's investigative process. The investigator should have extensive knowledge of municipal government; a solid understanding of municipal council operations and policies; detailed knowledge of the Municipal Act and other related statutes; credibility with municipal councils, staff, public and the media; and no specific connections with any of the municipalities represented. Discussion: The following five options were discussed by the Elgin group of administrators: 1) Mr. John Maddox, recently retired Regional Director of Municipal Affairs and Housing and former C.A.O., has offered his services for a non-refundable retainer of $2,500 for the County and $300 per lower-tier municipality for a one-year term. In addition, Mr. Maddox would bill out at $75 per hour plus reasonable expenses, when called upon to investigate a complaint. 2) Mr. Steve Gibson and Mr. David Woodward, Solicitors, have offered a reciprocal arrangement whereby Mr. Gibson would act as investigator for Middlesex and Mr. Woodward would act for Elgin municipalities. No retainer would be required and their rate would be $250 per hour of investigative time. 3) AMO's Local Authority Services has offered a Closed Meeting Investigator option whereby each municipality would pay a retainer of $600 for a two-year term with a per diem for investigations set at $1250. 4) A confidential letter from a prospective investigator and ethics officer was briefly discussed, as most have received the correspondence locally. 5) The Ontario Ombudsman is the default investigator should a municipality choose not to appoint a local one. It is uncertain if a charge would be levied for this service. The group suggests retaining Mr. Maddox for the first year of the program, reassessing the model later in 2008 to determine how best to proceed in the future. Mr. Maddox has extensive municipal experience, reasonable investigation fees and a reputation as a fair- mined conciliator. It is also suggested that the County pay the retainer for each of the participating local municipalities, provided they appoint Mr. Maddox. The total retainer is $2,500 for the County and $300 per municipality ($2,100). It should be understood that by legislation each municipality must enter into an agreement and pass a by-law appointing the investigator. Conclusion: After careful consideration of the available options, the Elgin group of administrators suggests utilizing the services of Mr. John Maddox as Closed Meeting Investigator for a one-year term, commencing on January 1st, 2008. Recommendation: THAT the Council of the County of Elgin appoint Mr. John Maddox as Closed Meeting Investigator for a one-year term commencing on January 1 st, 2008 for the County of Elgin; and, THAT Elgin County agrees to pay Mr. Maddox's retainer fee for each of the participating lower-tier municipalities for the first year of the program; and further, THAT the County's composite budget for 2008 make provision for said fees (estimated at $4,600 plus an allowance for possible investigation(s)); THAT the Warden and Chief Administrative Officer be authorized and directed to sign the necessary agreements and documentation; and further, That the necessary by-law be prepared. Respectfully submitted, Mark G. Mc Id, Chief Administrative Officer. CORRESPONDENCE - OCTOBER 16, 2007 Items for Consideration 1. Denise McLeod, Deputy Clerk, Township of Southwold, with the nomination of Brent Clutterbuck as the West Elgin, Dutton/Dunwich, Southwold and County of Elgin municipal representative to the Thames-Sydenham Source Water Protection Committee. (ATTACHED) 2. Ken Loveland, Clerk-Treasurer, Administrator, Municipality of Dutton/Dunwich, with the nomination of Brent Clutterbuck as the West Elgin, Dutton/Dunwich, Southwold and County of Elgin municipal representative to the Thames-Sydenham Source Water Protection Committee. (ATTACHED) 3. Jenny Phillips, Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee, requesting the Committee Terms of Reference be amended to include a continuity of service clause. (ATTACHED) 4. Kyle Kruger, Administrator, Municipality of Bayham, seeking support and endorsement from County Council in proceeding with their proposed feasibility and impact study for the potential International Ferry Service at Port Burwell Harbour. (ATTACHED) 10/01/2007 09:02 FAX 141 002 TOWNSHIP OF SOUTHWOLD 35663 Fingal Line Fingal, ON NOL 1 KO Phone: (519) 769-2010 Fax: (519) 769-2837 Email: dmcleod@twp.southwold.on.ca October 1, 2007 County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Attention: Mark McDonald, C.A.O. Re: Council Decision: Appointment to Source Water Protection Committee The Source Water Protection Committee has requested a nomination for a municipal representative to represent the Elgin Municipal Group (West Elgin, Dutton/Dunwich, County of Elgin and Southwold Township). Council strongly believes that Brent Clutterbuck's education and experience will prove beneficial to the Elgin Municipal Group. Please be advised that Council at its regular meeting on September 24, 2007 passed the following resolution: Properly Moved and Seconded: "THAT the Council of the Township of Southwold hereby nominates Brent Clutterbuck for the position of Member of the Source Protection Committee to represent the Elgin municipal group." Disposition: Carrie~ Enclosed is a copy of Brent Clutterbuck's letter of interest and resume. We are requesting 'your support, by way of resolution, for the appointment of Brent as our municipal representative. rs truly, 1J7~ enise McLeod Deputy Clerk Cc: M. Dianne Caryn, CAO Ken Loveland, CAO, Municipality of Dutton-Dunwich Norma Bryant, Clerk, Municipality of West Elgin 10/01/2007 09:02 FAX I4l 003 Brent Clutterbuck September 17, 2007 Township of Southwold Re: "Elgin Municipal Group representative to the Source Water Protection Committee Having lived in a rural community and using a water well for drinking water I am well aware of the importance for my family and community of having a secure and plentiful source of potable water. While my resume will provide you with a more thorough overview of my experience; I would like to highlight some of the more relevant skills and experiences for this role: · The many committees I have worked on in the community a few of those being 1. CURB (Clean up Rural Beaches) 2. Environmental Farm Plan 3. Elgin Stewardship Council . Working effectively and efficiently with administration, office and public works staff as assigned to take projects to completion in the best interest of the municipality. . My active involvement in agriculture I look forward to discussing in person how I can bring value to the Township of Southwold and the rest of the communities in the Elgin Municipal Group and be a key member of the Thames Sydenham Source Water Protection Area. I respectfully ask for your consideration to put my name forth for the position of Municipal Member of the Source Water Protection Committee to represent the Elgin Municipal Group. Thank you in advance for your time and consideration. M', Brent P. Clutterbuck 10/01/2007 09:02 FAX 141004 Brent Clutterbuck Emplovment Drainage Superintendent for the Township of Southwold, · Responsible for maintaining, repairing and co-coordinating the construction of municipal drains in the municipality_ · Prepare assessments for billing of all work to appropriate landowners on drains · Provide the information that was necessary for our successful COMRIF application for the construction of a Municipal Waterline project. · Works effectively and efficiently with administration, office and public works staff as assigned to take projects to completion. Farmer: · I am a self-employed as a farmer working approximately 800 acres of land Education · Honours Grade 13 Parkside Collegiate Institute, St. Thomas 1981 · Honours Diploma Ridgetown ColI~ge of Agriculture, 1983 Community Involvement · CURB (Clean up Rural Beaches) Committee member when program was active · Environmental Farm Plan: I am member of the Per Review Committee and have been since the programs inception · Elgin Stewardship Council, founding member and member of executive committee responsible for developing the committees initial by-laws and policies. I also sat on an Elgin Stewardship committee in 2006 to develop a management plan and policies for the land areas the committee manages, those being the Calton Swamp, Aylmer Wildlife Area and the Fingal Wildlife Area. . Elgin Landscape Strategy 2005, committee member, this was a committee that had the responsibility of identifying key areas in Elgin County that would provide the greatest impact to the local environment if the lands were be naturalized back to wetland, woodland or grasslands. · Elgin Woodlot Owners Founding president of the Elgin Committee and member of executive committee responsible for developing the associations by-laws and policies. I am also current member . Elgin Soil and Crop Association, Past President and current member · Elgin Ag in The Classroom, Past President . Elgin Farm Safety Association, Past President, I also chaired a Farm Safety Day Camp with our Fire Department . Friends of Lower Kettle Creek, Municipal representative · St. Thomas Elgin Water Festival, Committee member . Caring for Nature in Elgin Fact Sheet, member of committee to provide input for the development of this Carolinian Canada Fact Sheet . Scouter: First Shedden Scouts . I have been a Minor Hockey Trainer and coach, minor Soccer and baseball coach 10/01/2007 09:02 FAX 141005 Brent Clutterbuck Career Accomplishments · Drainage Superintendent for the Township of Southwold since February 1, 2006 · Employed by the Township of Southwold to repair drains since 1985 · Successfully completed OMAF Drainage Superintends Course in 1996 · Successfully completed OMAF Surveying for Drainage Superintendents in 1996 · Successfully completed OMAF Advanced Drainage Course in 1998 · Successfully completed the examination for Sewage Systemlnspectors in March 1998 · Successfully completed the examination for Sewage System Installers in Nov 1998 · Possess a valid DZ drivers license · I am a acting Captain of the Southwold Volunteer Fire Department · Possess First Aid and CPR certificates that I obtained as a Southwold Volunteer Fireman Professional Experience · Work with Conservation Authority Staff regularly to for advice and to obtain Department of Fisheries and Oceans authorizations to maintain or construct municipal drains · Able to read and understand Drainage Reports and assessments · Knowledge of many of the Municipal Drains in the Township and developed a professional working relationship with the land owners on these drains · Regularly attend the Drainage Superintendents Association of Ontario's annual convention and local Chapter meetings · Read, produce and layout plans for construction of regular farm drainage and septic systems · Able to determine and set grades with laser levels . Proficient in Microsoft Excel, Word and Outlook · Experienced in the use of GPS and GIS mapping applications · Operate light construction equipment MAYOR Bonnie Vowel 259 Mary Street Dutton, NoLlJO ::Municipality of (])utton/(])unwicli Box 329,199 Currie Road, DUITON, Ontario NoL 1JO Telephone: (519) 762-2204 Fax No. (519) 762-2278 Clerk Treasurer Administrator Ken Loveland DEPUlYMAYOR Cameron McWilliam 28740 Celtic Line R. R. # 1 . Dutton, NoL IJO COUNCILLORS Ian Fleck 272 Miller Road, Box 542 Dutton, NoL IJO John Yokom 32543 Pioneer Line, R.R. # 1 Dutton, NoL IJO Donald H.Page 7949 Coyne Road R. R. # 2 Wallacetown, NoL 2Mo October 4, 2007 t~ County of Elgin 450 Sunset Drive S1. Thomas, Ontario N5R 5Vl Attention: Sandra Heffren Dear Sandra, Re: Appointment to Source Water Protection Committee The Council of the Municipality of Dutton Dunwich discussed the . appointment to the Source Water Protection Committee and the attached motion was passed, "Moved by Fleck, Seconded by Yokom THAT the Council of the Municipality of DuttonlDunwich recommends that Brent Clutterbuck for the position of member of the Source Water Protection Committee to represent West Elgin, DuttonlDunwich, Southwold and the County of Elgin" If you have any questions regarding this matter, please contact the undersigned. Yours Truly, Ken Loveland Clerk-Treasurer, Administrator JOINT ELGIN/CENTRAL ELGIN ACCESSIBILITY ADVISORY COMMITTEE 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Phone: 519631-1460 or 519631-4860 Fax: 519633-7661 or 519631-4036 n p~ ~:;n~7 "d Ii ""vtJ September 24, 2007 Warden Lynn Acre and Council Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Mayor Sylvia Hofhuis and Council Municipality of Central Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Dear Councils: In reviewing the Joint Elgin/Central Elgin Accessibility Advisory Committee's Terms of Reference at a recent meeting, it is apparent that there are no provisions for continuity of service. In that regard the Committee recommends that its Terms of Reference be amended to reflect the provisions in the Municipal Act as suggested in the recommendation below: "THAT the Joint Accessibility Advisory Committee (JAAC) requests the Council for the County of Elgin and the Council for the Municipality of Central Elgin to add the following clause to the JAAC Terms of Reference regarding continuity of service: Should a member of the Committee be absent from three (3) successive meetings without being authorized to do so by a resolution of the committee, said Member's seat will be declared vacant and membership shall be sought for the vacant position. - Carried." We look forward to your approval for this amendment to the Terms of Reference. Yours truly, >40,( (L}~L' ~ Jennah;;l!---- 1 Chair, Joint Elgin/Central Elgin Accessibility Advisory Committee. Municipality of Bayham OJ) ~"-~ 1JOl"tunity Is ~o P.O. Box 160,9344 Plank Road, Straffordville, Ontario NO] 1 YO Tel: (519) 866-5521 · Fax: (519) 866-3884 email: bayham@bayham.on.ca OCT . ! ,-- t; lJ L~ October 1, 2007 Warden Lynn Acre County of Elgin 450 Sunset Drive St Thomas, ON N5R 5Vl Dear Warden Acre: Re: Port Burwell Harbour - Potential International Ferry Service This is further to previous correspondence regarding the possible development of a commercial ferry service between Port Burwell, Ontario and Fairport Harbour, Ohio. The attention and consideration you have given to this proposal to date has been very much appreciated. The Municipality of Bayham believes that such a development could provide tremendous economic benefits to the whole of Southwestern Ontario. As such, we have been continuing our pursuit of the proposal. There appears to be sincere interest in such a service at both the Provincial and Federal levels of government. However, in order to seriously consider the substantial investment required for such a project, both levels of government have expressed the need to see further study of the projects feasibility. As well, area municipalities need to see that potential local impacts are fully reviewed and considered. To that end, the Municipality of Bayham submitted a pre-proposal to the Province of Ontario Rural Economic Development (RED) Program to undertake a full feasibility and impact study, estimated at $375,000. That pre-proposal has now been reviewed, and the program co-coordinators have encouraged the Municipality to submit a full application. However, the RED program generally provides a maximum 50% contribution. The proposal put forward by the Municipality contemplates federal support for an additional 40% of the study costs. The Municipality of Bayham is now seeking additional information confirming that such financial assistance from the federal level may be forthcoming, should funding be approved by the province. The Municipality of Bayham therefore is seeking the support and endorsement of surrounding municipalities, local MP's, and local MPP's in proceeding with the proposed feasibility and impact study. A copy of the pre-proposal submitted under the provincial Rural Economic Development Program is attached. It would be much appreciated if you would be able to provide a letter in support of proceeding with this study. Again, your assistance is most appreciated. If you have any questions or require anything further, please do not hesitate to contact me. Ontario Rural Economic Development Program Rural Investment Branch 1 Stone Road West Guelph Ontario N1G 4Y2 Tel: 1-888-588-4111 Fax: 1-519-826-4336 E-mail: red@omafra.qov.on.ca Web: www.omafra.qov.on.ca Title of Proiect: lake Erie (US-Canada) Ferry Border Crossing between Port Burwell Ontario - Fairport Harbor Ohio: Feasibility and Impact Study Project Summary 1. Overview: The proposed Feasibility and Impact Study, now subject of this application, is a first step towards a potential larger infrastructure project to be undertaken as a private-public partnership with a number of potential stakeholders, including but not limited to: Government Canada, Province of Ontario, United States of America, State of Ohio and Short Sea Lines - a ferry operating company. The Feasibility and Impact Study is proposed to be a partnership between the Province of Ontario, Government of Canada, Municipality of Bayham, and other potentially impacted municipalities, as well as the service proponent. This Feasibility/lmpact Study is further to a potential Ferry Service Border Crossing from Port Burwell Ontario to Fairport Harbour Ohio. The feasibility and impact study project duration is 4-6 (six) months with a start date commencing immediately following necessary financing approvals (Le.: RED program and Federal funding). In order to ensure available market for the project, completion must be done as quickly as possible. It should be noted that many studies and reports have been undertaken in support of similar projects south of the border and elsewhere in the region. Short Sea Lines advises that funding commitments have already been given by representatives of U.S. Congress, House of Representatives' Transportation Committee for the immediate direction of up to $30 million from reserved and appropriated project funds in 2007 FHW A Highway Trust Fund (budget) for the immediate construction of a ferry border crossing terminal in Fairport Harbor Ohio as well as commitment for additional funding in 2009 budget- subject to a similar commitment from "Canada" to participate in a complementary terminal project in Port Burwell Ontario. Potential sources of funding for the construction of the proposed ferry border crossing terminal in Port Burwell has been identified within the Strategic Highway Infrastructure Program (SHIP) and Transport Canada's desire to implement a new border crossing corridor as part of a Short Sea Shipping Pilot Project and/or a possibly new "Southern Ontario Gateway / Corridor" project. Such funds may be available by senior Canadian Government officials in the 2007 budget, subject to final priority/selection of projects and pending results of this proposed study. Numerous contacts have been made with personnel in various ministries at both the Province of Ontario and Government Canada at both headquarters, regional and local levels as per the list attached. Short Sea Lines have also been in discussions with State 2. Economic Barrier: 3. Priorities and Objectives: 4. Relevance: Ontario Rural Economic Development Program of Ohio officials in Columbus and U.S. Government in Washington D.C. and elsewhere as necessary including Cleveland, Chicago, Buffalo, Detroit, etc. The proposed project is a new project, however many discussions have taken place with various ministry staff and elected officials at all levels of government. Certain involved ministries have asked for additional documentation prior to any final decisions about investment. The Municipality of Bayham does not have the available funds and resources to undertake the extensive study required to examine the feasibility and the possible local and regional impacts of the proposed project. As well, both provincial and federal authorities have expressed the need to demonstrate industry demand, preferably with support of case studies, in order to help them better proceed to next steps. The proposed project is a Feasibility and Impact Study. The primary objective is to undertake: 1. A market analysis to determine the project feasibility, in order to satisfy Federal and Provincial levels of Government for potential financial support The study is to analyze, evaluate and demonstrate market opportunity, industry demand and overall feasibility of the proposed private-public partnership ferry border crossing proposal. It will put the Lake Erie ferry proposal in meaningful context and explore viability along with various other regional transportation projects intended to solve the cross-border capacity, 2. To analyze the impacts of the proposal, both positive and negative, to the residents of the Municipality of Bayham and other directly impacted regions and identify options to address any negative impacts. The study is to identify, analyze and evaluate community impacts of the proposed ferry service, including existing and future road and traffic management infrastructure requirements (within the Municipality of Bayham and its surrounding communities), traffic mitigation and recovery solutions (if needed), noise impacts of truck traffic, traffic congestion, impact on Municipal and County roads; road maintenance requirements such as snow removal, policing requirements, emergency services, environmental concerns, impacts on tourism, impacts on residential and commercial development. Such impacts must be shown in relationship to the number of vessels in service over time (Le.: what would the traffic impacts be with just one ferry, then two, then three etc). The ultimate goal of the implementation of a border crossing/ferry service is community revitalization. As is the case for many rural municipalities, the Municipality of Bayham has been experiencing decline in the local rural economy, not the least of which is the loss of tobacco production. Port Burwell is a village facing such challenges. The bank has closed, the local public school is facing potential closure, and there is real fear in the community that essential services like the doctor's office, post office, library and daycare may close as well. In the municipality as a whole, we have a large population involved 5. Partnership: Ontario Rural Economic Development Program with the tobacco industry, many of whose jobs have or will soon be displaced, and we need to find opportunities for jobs and training for our youth. Port Burwell has a harbour that was at one time a vibrant commercial port, currently under the ownership of the Government of Canada (Small Craft Harbours). It is currently impassible to all but small craft, due at least in part to the lack of dredging by the Federal owners. Significant dredging is beyond the financial means of the local municipality. Commercial fishing, which has operated in the harbour for generations, has left for Port Stanley and their store and on-shore operations are in danger of closure. Despite public concerns, inquiries, and requests for assistance, neither the Province of Ontario nor the Federal Government are able or willing to participate. There are a number of critical issues that need to be dealt with to make the harbour functional and safe for small crafts, fishing boats, offshore supply vessels, commercial ships and pleasure boats or yachts. These issues include dredging, on-going maintenance, dealing with siltation from Big Otter Creek and Lake Erie, and shore line erosion on Lake Erie, all of which cause severe deterioration and safety hazards to both private and public property owners. Residents and business owners in the community have been working with our economic development committee to develop options for rejuvenation and new development of Port Burwell's harbour. In 2005 the Municipality of Bayham entered into discussions with Seaport Management Corporation about establishing a new year round border crossing via ferry across Lake Erie between Port Burwell and Fairport Harbor, Ohio. We have seen sincere interest from both Provincial and Federal Governments, as well as from the State of Ohio and the US Federal government, and subject to this impact study, local support in our community for this project. We and our residents are excited about the prospects for economic development, tourism, and spin-off benefits that a working harbour and new international border crossing could bring. Our goal as a Municipality is to see necessary repairs, upgrades and dredging of the harbour through facilitation of a new border crossing, a new passenger and freight gateway to the United States. We see huge benefits in this project, obviously for our Municipality and our residents, but also for Ontario and Canada. This new border crossing is one that is a near-term solution - it can be up and running as early as Spring of 2009 if we start now, and may be implemented for a fraction of the cost of the alternative solutions for additional border capacity (new bridges or tunnels). Our challenge is our small tax base - we cannot fund the necessary studies, repairs, improvements, dredging, and infrastructure upgrades needed to operate as a commercial port and international border crossing. We are willing to take the lead in establishing the commercial port and border crossing, but we need assistance and funding from the Province and the Federal Government to make this happen. The Municipality will proceed as it is able, but the study itself is beyond the scope of both our human resources and financial resources. The study proposes to involve other municipalities in the region potentially impacted by the proposed project. Potential partners include the proponent (Short Sea Lines), the Municipality of Bayham, Town of Tillsonburg, Township of Southwest Oxford, County of Elgin, County of Oxford, Province of Ontario (RED Program), and Government of Canada in the feasibility study, as well as Fairport Harbour, Lake County, State of Ohio, and the U.S. Federal Government in the ultimate proposed border crossing/ferry service project. Ontario Rural Economic Development Program 6. Work Plan: Study timeline and milestones Upon award, each consultant will be responsible for developing their own internal project management schedule. The project manager will use the following project plan to implement and supervise the study. The project plan shows a schematic path of activities undertaken by the proposed study. Meetings, conference calls and other scheduling will be established by project manager and project administrator. The final presentation is a public meeting along with information delivery available to general public on a website. Municipality of Bayham Lake Erie (US-Canada) Inti. Ferry Border Crossing Feasibility and Impact Study : Project Plan to Road Map #....,'...... ~ { """',!,',,,,,..,,.,,. " t "....... . " . . . . . . ~ .. .....~ ". -" ....,. 111I l ._"~"...~....~"".~"._ .~.. Interim .~ ~ Reports _.. I FRirsteiin f4"~",_, ."'-""'<'........, , .,v_t,;;t ~ '.t; --...'-:...,~ j '-""""-""',~ ","'~ ".'~ ~ .' "'., t. ..., .,. ."..... !>>~ '.....,' ,. oj!t.,......'... . lit. '6'0; '~." '< q.' OS'...~..."m~ _ ' ."~ Road Map ~'''''' (Pres-entation) I , , I '-, '...., . '...._"~... ;..~'............ . ,;' .... ',-,"<"'<-<,, "-......,..-. The study will include surveys, public meetings and one-on-one interviews with local and regional residents, businesses and communities concluding with a public presentation to display and explain the future project "road map." Obtaining input from leaders of U.S. partners and communities is also necessary. Their written statements of support should be obtained along with list of possible concerns and proposed solutions to help lobbying the federal and provincial governments for financial support, necessary concessions and other commitments to make the project successful. Project deliverables, reports and other project information will be available on dedicated public access website. This site will however also have a secure project team log-in area and function as a bulletin board for project consultants, project team members and other Ontario Rural Economic Development Program select stakeholders (Le., government agencies, U.S. partners, etc.) during and after the study process. The website life-time is expected to be two-years but need for possible extension shall be determined resulting from the study. The study is intended to utilize information already available, but new data will also be created and compiled as needed. All inclusive work deliverables, public meetings or presentations shall be completed within 6 (six) months from commencement. Work Oeliverables A project stakeholder 'advisory committee' along with staff and council would function as the study review committee. It would be assembled to ensure final compliance of all documents, public meetings and presentations. It may consist of one member each from: · Municipality of Bayham · Transport Canada · Ontario Ministry of Transportation · Seaport Management Corporation The following documents will be produced by consultants and upon final approval by the project advisory committee shall constitute completion of work deliverables: 1. Executive Summaries - for public and media use: · Feasibility · Impact · Alternative Procurement Financing 2. Detailed reports - for internal due diligence use by investment parties: · Feasibility · Impact · Alternative Procurement Financing 3. Road Map The road map is a compilation of project milestones and activities identified in each report. Two ~oad maps will be produced: a) Generic Diagram for general public and media consumption, and b) Detailed project management schedule for internal use by government stakeholders and investment parties. A third party public relations firm will be hired for the final presentation of this product. 7. Benefits: Assuming a satisfactory report and subsequent private-public investment resulting from this proposed feasibility and impact study, there will be five types or levels of job creation, upgrades or retention associated with the implementation of the entire Lake Erie (US- Canada) ferry border crossing project between Port Burwell Ontario and Fairport Harbor Ohio: a) feasibility/impact study ("one-time project activity"), b) ferry terminal construction ("one-time project activity"), c) ferry and border crossing operations (recurring), Ontario Rural Economic Development Program d) road/highway upgrades ("one-time project activity") and maintenance (recurring), e) county and municipal services (recurring), and f) regional economic development, business attractionlretention, tourism and spin-ofts (recurring). The ferry service proponent provides the following estimates of economic benefit from a cross border ferry service: · Approximately 1070 new jobs will be created in the region from ferry and border crossing operations alone. Spin-ofts, other job creation, and sustainable job retention in the region resulting from the project are estimated at 9,903 jobs in manufacturing and 16,207 jobs in tourism and service industries. · One-time project activity" (or temporary job) creation such as consultants, architects, engineers, construction labor, project management and administration are not estimated at this time. · The project will attract total capital investments in the order of US$550 million. With $50 million for terminal construction in Port Burwell Ontario, $50 million for terminal construction in Fairport Harbor Ohio and $450 million for new ship (ferries) construction possibly in Canada. · Additional ships, infrastructure and other equipment may be acquired by the ferry company through charter, lease or purchase options. · The ferry company will have annual regional expenditures of approximately $66 million per year including salaries for ship management and terminal operations. · The community will compete in the region for jobs, housing, taxes and other sources of revenue but a lion share will be available to Municipality of Bayham should it be successful attracting the bulk of ferry operations to Ontario/Canada. 8. Budget: Eligible Cash In-Kind /Ineligible Total Partners/Applicants (list) Contributions Contributions Contributions Municipality of Bayham, Elgin County, Oxford $37,500 $0 $37,500 County, Town of Tillsonburg, Township of Southwest Oxford, Short Sea Lines Ministry of Transportation (MTO) $0 $0 $0 Transport Canada $150,000 $0 $150,000 Other Private Sources $0 $0 $0 Other Government Programs $0 $0 $0 Requested from Rural Economic $187,500 $0 $187,500 Development program TOTAL $375,000 $0 $375,000 Ontario Rural Economic Development Program Uses of Funds Description of Projected Expenditures by Objective Eligible Ineligible Iln- ($) kind ($) 1. Feasibility Study (Consultant A) $120,000 $0 2. Impact Study (Consultant B) $110,000 $0 3. Alternative Procurement Financing Study (Consultant C) $20,000 $0 4. Public Relations (Consultant D) $40,000 $0 5. Project Management (Consultant E) $75,000 $0 6. Project Administration (legal, out of pocket, etc.) $10,000 $! 9. Other: The proposed ferry service project requires the cooperation and involvement of a wide numbers of government departments and agencies at both the provincial and federal levels of government. In addition, representatives at all levels have expressed a need to confirm the viability and requirements of the proposal. This study is intended to deliver reports outlining such viability, supports needed, and impacts for all stakeholders. CORRESPONDENCE - OCTOBER 16. 2007 Items for Information (Consent AQenda) 1. Premier Dalton McGuinty, acknowledging Council's resolution concerning meters on private residential wells. 2. Douglas A. Maguire, Provincial Constable #5088, Coroner's Constable, advising that the inquest into the death of Michael Hipson will commence on November 13, 2007 at 10:00 a.m. at the Best Western Stoneridge Inn. (ATTACHED) 3. Wendell Graves, City Clerk, City of St. Thomas, with a resolution from the Council for the City of St. Thomas endorsing the two-year medical recruitment partnership with the County of Elgin and the St. Thomas-Elgin General Hospital. (ATTACHED) 4. Dr. John A. LaPorta, C.E.O., Thames Valley Children's Centre, with an update on the successful conclusion of its expansion project. (ATTACHED) 5. Hon. Donna Cansfield, Minister of Transportation, with copy of correspondence to Mayor Dennis Travale, County of Norfolk, concerning discussions with Mayors Trainer, Eddy, Molnar and Warden Acre at the AMO Conference concerning the declining tobacco industry, highway network in the municipalities and the proposed ambulance access onto Highway #3 in Aylmer. (ATTACHED) 6. Deputy Attorney General, Murray Segal, acknowledging receipt of Council's letter regarding court security funding and forwarding to the Ministry of Community Safety and Correctional Services for consideration. (ATTACHED). The Premier of Ontario Le Premier ministre de l'Ontario Edifice de l'Assemblee legislative Queen's Park Toronto (Ontario) M7A 1A1 ~ ...-" Ontario Legislative Building Queen's Park Toronto, Ontario M7A 1A1 September 25, 2007 Mrs. Sandra J. Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl Dear Mrs. Heffren: Thank you for your letter providing me with a copy of council's resolution regarding meters on private wells. I appreciate your keeping me informed of council's activities. As this issue falls under the jurisdiction of the Honourable Laurel Broten, Minister of the Environment, I have sent her a copy of council's resolution. I trust that the minister will also take council's views into consideration. Thank you again for the information. Yours truly, (JIt.., Dalton McGuinty Premier c: The Honourable Laurel Broten @ Ontario Provincial Police provinciale Ontario Provincial Police 42696 John Wise Line 8t. Thomas, Ontario N5P 389 Police de l'Ontario Tel: (519) 631-2920 Fax: (519) 631-2923 File: LP06015405 September 25, 2007 The Corporation of the County of Elgin 450 Sunset Dr. 2nd Floor St. Thomas, ON. N5R 5V1 Re: Michael HIPSON Inquest Under Section 20 ofthe Coroners Act, an inquest will be held into the death of Michael HIPSON. Dr. Jack STANBOROUGH will be presiding over the inquest to commence November 13,2007 at 10:00 a.m., at the Best Western Stoneridge Inn, 6675 Burtwhistle Lane, Lambeth, Ontario. You may be interested in asking for Standing at the Inquest. A Pre-Inquest meeting will be held on October 9,2007 at 1:30 p.m. at the Best Western Stoneridge Inn. At that meeting, there will be discussions about the witnesses to be called at the Inquest and the issues to be canvassed during the Inquest. Persons who may wish to ask for Standing at the Inquest may obtain a copy of the investigation brief providing they sign an undertaking that the brief will be used only for the purposes of the Inquest and that they return the brief at the conclusion of the Inquest. You do not require a lawyer in order to be a person with Standing at the Inquest. However, if you plan to have a lawyer, it is important that your lawyer attend the Pre- Inquest meeting either with you or in your place. If you will be requesting Standing, we ask that you notify Coroner's Counsel, Ms. Elizabeth MAGUIRE in writing at the Crown Attorney's Office, 4 Wellington Street, St. Thomas, Ontario N5R 2P2 as soon as possible. .. &~eeeee"ee t" w.Aa.e w.e tt~ - 'J "eef/lf-te, t" w.A~ w.e a.lf-e " If you have any questions or concerns about the Pre-Inquest meeting, please do not hesitate to call Dr. Jack STANBOROUGH, Regional Supervising Coroner at 519-661- M e phone nwnber listed above. Douglas A. M IRE Provincial Constable #5088 Coroner's Constable cc Dr. J. STANBOROUGH, Regional Coroner Ms. Elizabeth MAGUIRE, Coroner's Counsel Page - 2 ~ Ministry of Community Safety and Correctional Services Office of the Chief Coroner Notice of Holding of Inquest Form 10 Re: Michael HIPSON , deceased To: The Corporation of the County of Elgin 450 Sunset Drive, 2nd Floor St. Thomas, Ontario N5R 5Vl Take notice that an inquest will be held at Best Western Stoneridge Inn, 6675 Burtwhistle Lane, Lambeth, Ontario, on the 13th day of November, 2007, at ten o'clock in the forenoon into the death of Michael HIPSON. And take notice that you may attend at the inquest and that if you have not been designated as a person with standing at the inquest, you may apply either before or during the inquest, to the coroner to designate you as a person with standing at the inquest. 7-(; 5~CJ 7 Date D.A.M e Provincial Constable #5088 Note: Section 41 of the Coroners Act provides as follows: (I) On the application of any person before or during an inquest, the coroner shall designate him as a person with standing at the inquest if he finds that the person is substantially and directly interested in the Inquest. (2) A person designated as a person with standing at an inquest may, (a) be represented by counselor an agent; (b) call and examine witnesses and present his arguments and submissions; (c) conduct cross-examinations of witnesses at the inquest relevant to the interest of the person with standing and admissible. Wendell Graves City Clerk ST. THOMAS Office of the Clerk P.O.Box 520, City Hall St. Thomas, ON N5P 3V7 Telephone: (519) 631-1680 Ext.4120 Fax: (519) 633-9019 wg raves@city.st-thomas.on.ca TI.IE COR1'ORATION OF THE CITY OF September 21,2007 Mrs. S. Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, Ont. N5R 5V1 Dear Mrs. Heffren, SUBJECT: MEDICAL RECRUITMENT PARTNERSHIP Attached please find a c~py of the motion passed by City Council regarding the Medical Recruitment Partnership. The City looks forward to working with all of the partners to ensure that this effort is successful. In the near future I will be in contact with Mark McDonald to discuss a date for the first meeting. Thank-you cc. Mr. Paul Collins, St. Thomas Elgin General Hospital Mr. John Bod, St. Thomas and Area Home Builders' Association Wendell Graves City Clerk Office of the Clerk P. O. Box 520, City Hall St. Thomas, Ontario N5P 3V7 Telephone: (519) 631-1680, ext. 4120 Fax: (519) 633-9019 THE CORPORI\T10N OF THE CITY OF ST. THOMAS I, Wendell Graves, City Clerk of the Corporation of the City of St. Thomas do hereby certify that this is a true copy of a resolution passed by the Council of the said Corporation on the 10th day of September, 2007. "THAT: Report CC-33-07 be received as information; and further, THAT: Council endorse a two year medical recruitment partnership with the City of St. Thomas, the County of Elgin, the St. Thomas-Elgin General Hospital and the local development community, as outlined in Schedule "A" to Report CC-33-07; and further, THAT: The unfunded estimated expenditure of$9500 for 2007 be identified in the September 30, 2007 budget monitoring report." September 10, 2007 Ms. Linda Veger Director of Financial Services Corporation of the County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Thames Valley Children's Centre Dear Ms. Veger, In June, our Centre celebrated the successful conclusion of our expansion project at a community open house. It was a wonderful opportunity for guests to view our completed building and see first hand the impact that TVCC has in our community. I am pleased to share with you our Special Campaign Report and Annual Report launched at the event, which highlight the incredible achievements that we have been able to accomplish with the support of our clients, volunteers, community partners, staff, and caring donors like you. Thank you. Our expanded building offers 25,000 additional square feet of space to help us accommodate the tremendous growth our Centre has experienced over the past few years. Clients, families and staff are already making the most of this new tool and are thrilled with technological enhancements such as videoconferencing that will help us as we strive to better serve those living in the surrounding region. Our Board and Leadership Team are pleased to report that the construction project was completed on budget - an amazing feat for a project of this magnitude! Summarized financial information is available on the reverse of my letter, and in the accompanying reports. And while our building grew, so too did the demand for our programs and services. We exceeded 2,500 Centre referrals, served over 6,000 children and provided more than 200,000 hours of clinical service. We have expanded our network of satellite offices, bringing the total to eleven throughout Southwestern Ontario. In the coming year we look forward to maximizing the use of our "new" building and technology to better serve our clients. We also will review our organizational structure with a focus on regional service management. But as we grow and evolve, our vision of "our clients at their best" remains our priority. We will continue to send regular updates, but in the interim, please do not hesitate to contact me at (519) 685-8681 or e-mail John.LaPorta@tvcc.on.caif you have any questions or comments regarding TVCC or the enclosed materials. Once again, we express our appreciation to you for your support in helping make our campaign a success. You can be assured that your generosity touches the lives of our children, their families and our community every day, helping them to move beyond their disabilities. Sincerely, Dr~porta CEO !3e;I1()f1dc / disability 779 Base Line Road E. London, Ontario N6C 5Y6 TEL (519) 685 8680 AUTO ATTENDANT (519) 685 8700 FAX (519) 685 8689 WWW.tvcc.on.ca . Thames Valley Children's Centre Campaign Results Donations & Pledges Government of Ontario City of London Financing $3,172,837.00 $3,685,485.00 $1,000,000.00 $3,374,116.00 Total $11,232,438.00 Building Construction Additional Furniture & Equipment Expanded Programs & Services Campaign Costs $7,415,689.00 $1,174,354.00 $1,450,000.00 $1,192,395.00 Total $11,232,438.00 "From million dollar investments to gifts made by children at birthday parties, every contribution is valued and an important investment in our Centre and Children with disabilities." Dr. John A. LaPorta r;'()3~~abi; ity Ministry of Transportation Office of the Minister Ferguson Block, 3rd Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 416 327-9200 www.mto.gov.on.ca SEP 2 0 2007 Ministere des Transports Bureau du ministre Edifice Ferguson, 3" etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1Z8 416 327-9200 www.mto.gov.on.ca Nj ~ Ontario " ") f , <c His Worship Dennis Travale Mayor County of Norfolk PO Box 545 Main Administrative Building 50 Colborne Street South Simcoe, Ontario N3Y 4N5 Dear Mayor Travale: Thank you for the opportunity to meet with you, Mayors Trainer, Eddy, Molnar, and Warden Acre at the recent Association of Municipalities of Ontario (AMO) Conference in Ottawa. I understand the impact of the decline of the tobacco industry on the economy in your region. I am pleased to learn that your municipalities are collectively being proactive in initiating a marketing study to look at a regional economic development strategy. The province strongly supports economic development and is behind your efforts to rejuvenate your local economies. The ministry realizes that the provincial highway network in your municipalities is an integral part of your local economies, and the ministry is pleased to work with you proactively to integrate your future land use planning and our future highway access plans prior to development being initiated. Cooperating in this proactive manner will serve both of our goals of promoting economic development and having an efficient and safe transportation system. I understand that ministry staff met with you and your staff on September 10 to initiate discussion on better integration of our planning efforts and to further discussions about extending Connecting Links on Highways 3, 6 and 24 and transfering a section of provincial Highway 6 at Port Dover. As we discussed, the Connecting Link program is currently under review and the province can not make any final decisions until the review is completed in early 2008. .../2 -2- Ministry staff has reviewed the proposed ambulance access request onto Highway 3 in Aylmer, and will contact Mayor Habkirk shortly to discuss the ministry's findings. Thank you again for taking the time to meet with me. Sincerely, ~~y Donna Cansfield Minister c: His Worship Ron Eddy, Mayor, County of Brant His Worship Stephen Molnar, Mayor Tillsonburg His Worship Robert Habkirk, Mayor, Town of Aylmer Her Worship Marie Trainer, Mayor, County of Haldimand Lynn Acre, Warden, County of Elgin Bruce McCuaig, ADM, Provincial Highways Management Division Brian Peltier, Regional Director, Southwestern Region Office of the Deputy Attorney General Cabinet du Sous-procureur general Edifice McMurtry-Scott 720, rue Bay 11" etage Toronto ON M5G 2K1 ~ Ontario Ministry ofthe Attorney General Ministere du Procureur general McMurtry-Scott Building 720 Bay Street 11th Floor Toronto ON M5G 2K1 Our Reference #: M07-05319 SEP Z 5 Z007 }y1rs. S.l Heffren Manager of Administrative Services County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5Vl ';"'!17 g:~\)U Dear Mrs. Heffren: Thank you for your letter dated July 25,2007, addressed to the Honourable Dalton McGuinty, Premier of Ontario, regarding court security funding. Your letter has been forwarded to me for response. Under the Police Services Act, local police services are responsible for providing security for court facilities within their jurisdiction, as well as determining the appropriate level of security required. As the administration of the Police Services Act falls within the jurisdiction of the Ministry of Community Safety and Correctional Services, I am referring your correspondence to that Ministry for consideration. Yours truly, Murray Segal Deputy Attorney General c: Ministry of Community Safety and Correctional Services IN-CAMERA AGENDA OCTOBER 16. 2007 Staff Reports: (ATTACHED) 1. Director of Financial Services - CONFIDENTIAL - Temporary Position 2. Director of Engineering Services - CONFIDENTIAL - Tenant Lease Renewal 3. Chief Administrative Officer - CONFIDENTIAL - Property Matter - 99 Edward Street 4. Chief Administrative Officer - CONFIDENTIAL - Property Matter - 450 Sunset Drive 5. Director of Senior Services - BN - CONFIDENTIAL - Human Resources Matter Administrative Services Department Administration Building 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 Phone: (519) 631-1460 Ext. 156 Fax: (519) 633-7661 County of Elgin www.elgin-county.on.ca Fax To: Warden Acre and County Councillors Fax: Call Group #'s Phone: Re: Additional Items for Council Agenda of October 16, 2007 From: Mark G. McDonald mmcdonald@elgin-county.on.ca October 12, 2007 11 including cover sheet Date: Pages: CC: Comments: CONFIDENTIAL In-Camera Report: (attached) 1. Director of Engineering Services - CONFIDENTIAL - Tenant Lease Renewal 2. Director of Engineering Services - CONFIDENTIAL - Tenant Lease Renewal Staff Report: (attached) 1. Director of Information Technology - Rural Broadband Proposal Acceptance 2. Director of Senior Services - Elgin Manor - Health Human Resource Planning Provincial Pilot Project - Demonstration Site Partnership Correspondence: (attached) 1. Resolutions of support for the appointment of a closed meeting investigator: Denise McLeod, Deputy Clerk, Township of Southwold Norma I. Bryant, Clerk, Municipality of West Elgin THE INFORMATION IN THIS FACSIMILE IS FOR THE NAMED RECIPIENT ONLY. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, OR THERE ARE PROBLEMS IN TRANSMISSION, PLEASE NOTIFY US BY TELEPHONE. @ REPORT TO COUNTY COUNCIL FROM: AI Reitsma Director of Information Technology DATE: October 16, 2007 SUBJECT: Rural Broadband Proposal Acceptance CORPORATE GOAL(S) REFERENCED: 1. To promote Elgin as "The Place to Live" 2. To forge community partnerships 3. To recognize and seize opportunities for improvement INTRODUCTION: On August 23, 2007 the County of Elgin received notification that it would receive a grant of $286,666 under the Ontario Municipal Rural Broadband Partnership Program. The goal of the Elgin County Communities Last Mile project is to provide broadband access to under serviced areas of Elgin County. The provincial funding represents one-third of the estimated project cost with the remaining two-thirds coming from ISP (Internet Service Provider) that is awarded the contract. At a provincial level, the project is managed by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). OMAFRA set project milestones include the issuance of a Request for Proposal (RFP) by September 14,2007, receipt of proposals by October 5, 2007 and proposal decision by October 12, 2007. DISCUSSION: The scope of work identified in the RFP focused on improving broadband in the Municipality of West Elgin, the Municipality of Dutton/Dunwich, the western part of the Township of Southwold and a small area along the lake in the Township of Malahide. The RFP focused on these areas because OMAFRA guidelines allowed only areas with less than 50 percent broadband coverage to a minimum of 1.5 Mbs (megabytes per second) download speed to be considered. Proposals were received from: . Amtelecom Cable LP . Execulink Telecom . Barrett Explorer ~ An additional proposal was received past the submission deadline and was therefore rejected. Each proposal submitted was reviewed by a committee and given a score based on an evaluation grid included with the RFP. Based on the evaluation, the proposal from Amtelecom Cable LP received the highest score. Based on the evaluations of the proposals, the committee is recommending that staff enter into negotiations with Amtelecom Cable LP. Although OMAFRA had indicated that the successful proponents proposal be accepted by October 12,2007 that deadline was extended to October 19, 2007. The extension was granted in order to allow staff to present its recommendation to council. CONCLUSION: Proposals for Elgin County Communities Last Mile project were accepted until October 5,2007. An evaluation committee has reviewed the proposals based on a predefined evaluation criterion. Based on that evaluation the proposal submitted by Amtelecom Cable LP should be accepted. RECOMMENDATION: That staff be directed to enter into negotiations with Amtelecom Cable LP for improved broadband access in under serviced areas of the County of Elgin and That upon the completion of successful negotiations, the Warden and CAO are authorized to enter into a contract with Amtelecom Cable LP. Respectfully Submitted Approved for Submission o ~(-L- AI Reitsma Director of Information Technology !P REPORT TO COUNCIL FROM: Melissa Lewis, Elgin Manor Director of Senior Services DATE: October 12, 2007 SUBJECT: Health Human Resource Planning Provincial Pilot Project - Demonstration Site Partnership CORPORATE GOALS REFERENCED: · Provide innovative and collaborative quality service · Be recognized as a desired employer · Nurture and support dignified long-term care INTRODUCTION: As a part of the New Graduate Guarantee and greater Nursing Strategy of Ontario, the Nursing Secretariat has announced a call for demonstration pilot project sites to undertake health human resource (HHR) planning. The participation of Elgin County Homes in nursing initiatives to date have been outlined in reports to Council regarding the New Nursing Graduate Initiative, Late Career Nursing, and representation on the RPN Working Group of the provincial Nursing Strategy Steering Committee. DISCUSSION/CONCLUSION: In an effort to further advance nursing strategy steps taken to date, the Nursing Secretariat has released a request for applications for demonstration sites to develop and profile excellence in health human resource planning and practices. The goal of this provincial program is to identify and assist health care organizations across all sectors in becoming demonstration sites for designing, implementing, evaluating and sharing innovative HHR planning tools and practices. Demonstration site projects will be time limited and provincially funded on a one-time basis, however the intent is to assist in creating greater system capacity for broader HHR planning on a continued and sustained basis. At this time, OANHSS is seeking confirmation that Elgin Manor would be agreeable to participate in a joint application for this provincial pilot project. ~ As an organization that owns and operates municipal homes, Elgin is recognized for the dedication and support demonstrated by County Council. The Elgin County Homes are active members in our provincial association OANHSS (The Ontario Association of Not-for-Profit Homes and Services for Seniors), have experienced success in applying for and implementing nursing strategy funding to date, and have invested additional time and interest to participate by providing the long-term care perspective at provincial tables. This recent activity has been built upon a long-standing reputation of nursing professional practice and a foundation for human resource processes. OANHSS has approached Elgin Manor to solicit our interest in participating in a provincial application to partner with the association and other not-for-profit homes to become a demonstration site for Health Human Resource innovation. The proposal would include a select group of homes representing rural, urban, small, large, municipal and chartable members. One of the participating homes will be named as the lead transfer agency, through which provincial funding would flow. Along with the homes, the OANHSS group proposal will include the consultants, resources, knowledge and full support of our provincial association. While any health care agency may apply to become one of the twelve demonstration sites in the province, applications will be judged on factors including collaboration/integration, capacity for HHR planning/implementation, ability to evaluate tools/disseminate learning, depth and breadth of the organization(s). A multi-faceted approach, crossing geography and governance, while maintaining a long-term care and not-for-profit focus, would seem to strengthen both the proposal as well as the pilot project. RECOMMENDA liON: THAT County Council support the continued participation of the Elgin County Homes in nursing strategy provincial programs, AND THAT County Council support the participation of Elgin Manor, along with OANHSS and several partner not-for-profit long-term care homes, as a demonstration site for the Health Human Resource (HHR) nursing strategy. Respectfully Submitted Approved for Submission p~~~-- Melissa Lewis, Elgin Manor Director of Senior Services tJ) 10/10/2007 14:33 FAX I4J 002 TOWNSHIP OF SOUTHWOLD 35663 FingaJ Line Fingal, ON NOL 1 KO Phone: (519) 769-2010 Fax: (519) 769-2837 Email: dmc/eod@twp.southwold.on.ca October 10, 2007 DELIVERED BY FAX: (519) 633-7661 Mark McDonald, CAO County of Elgin 450 Sunset Drive S1. Thomas, ON N5R 5V1 Dear Mr. McDonald: Re: Appointing Closed Meeting Investigator Further to the meeting held on Tuesday, September 25, 2007 of the Elgin County Administrators' Group where four (4) options for appointing a closed meeting investigator as prescribed by legislation was discussed. Please be advised that Council at its regular meeting on October 9,2007 passed the following resolution: . "THAT Township of Southwold Council supports Option #1 AND THAT the County, member municipalities, and City of S1. Thomas be advised." Carried Please contact me if you have any questions. very trUlY,,, -) fr /YJ~ D nise McLeod eputy Clerk Cc: M. Dianne Caryn, CAO Don Leitch, Municipality of Central Elgin Kyle Kruger, Municipality of Bayham Norma Bryant, Municipality of West Elgin Randy Millard, Township of MaJahide Wendell Graves, City of St. Thomas f) 10-12-'07 08:25 FROM-WEST ELGIN MUNICIPAL 519-785-0644 T-499 P001/001 F-590 ijrIIB cPlftutticipalit1! of ~st ~n October 12, 2007 County of Elgin 450 Sunset Drive St. Thomas, ON N5R 5V1 Attn: Mark McDonald Dear Sir: RE: MEETING INVESTIGATOR Please be advised that the Council of the Municipality of West Elgin, passed the following resolution at their meeting held on October 11, 2007: Properly Moved and Seconded: RESOLVED that the Council of the Municipality of West Elgin supports the appointment of John Maddox as Meeting Investigator and that the County of Elgin be advised. DISPOSITION: Carried. Should you have any questions please contact the undersigned. Yours truly, l~~ J&~ Norma I. Bryant, HO~A, AMCT Clerk cc. D. Caryn, Township of Southwold K. Loveland, Municipality of Dutton/Dunwich D. Leith, Municipality of Central Elgin K. Kruger, Municipality of Bayham R. Millard, Township of Malahide H. Adams, Town of Aylmer W. Graves, City of St. Thomas 22413 Hoskins Line, Box 490, Rodney, Ontario NOL ~O Tel: (519) 785-0560 Fax: (519) 785-0644 (f/) The Corporation of the Municipality of Central Elgin 450 Sunset Drive, 1st Floor, St. Thomas, Ontario N5R 5V1 P: 519.631.4860 F: 519.631.4036 October 15, 2007 Mayor and Council or Warden and Council clo Clerk County of Elgin, Municipality of Bayham, Township of Malahide, Town of Aylmer, Township of Southwold, County of Middlesex, Municipality of Thames Centre, Township of Middlesex Centre, City of S1. Thomas, City of London Re: Appointment of Municipal Representative Lake Erie Source Protection Committee, Group 7 Municipalities The Council of the Municipality of Central Elgin has given consideration to the appointment of an individual to represent the Group 7 municipalities on the Lake Erie Source Protection Committee. As you are aware, this Committee will be responsible for developing plans to protect the sources of municipal drinking water within the Lake Erie Source Protection Region. Central Elgin Municipal Council believes that there is merit in the municipal representative on the Source Protection Committee coming from the Municipality of Central Elgin. There are only two municipal drinking water sources within the boundaries of the nine lower tier Group 7 municipalities in the Lake Erie Source Protection Region: . the Elgin Primary Water System treatment facility, and . Central Elgin's Belmont water treatment facility. Both of these sources are located in the Municipality of Central Elgin. Council also notes that implementation of source protection plans, such as land use planning changes, will involve the host municipality. As Central Elgin hosts both of the municipal drinking water sources in the Group 7 area, Council believes that it is important for the long term success of the source protection plan that the Municipality of Central Elgin be closely involved in the development of the plan. Central Elgin Municipal Council has considered the qualifications of committee members for the Lake Erie Source Protection Committee (copy attached). In particular, qualifications for a source protection committee member include an understanding of source protection science, concepts and technical reports and knowledge of local watersheds. Council believes that Central Elgin's Director of Physical Services, Lloyd J. Perrin, possesses this technical knowledge and would ably represent the Group 7 municipalities on the Lake Erie Source Protection Committee. In addition, Council believes Mr. Perrin possesses the other requirements including communication skills and the ability to work in team environments. Mr. Perrin has agreed to let his name . .. ./2 2 stand for consideration. Attached are Mr. Perrin's Curriculum vitae and a covering letter expressing his interest in serving on the Committee and summarizing his technical qualifications. Central Elgin Municipal Council would respectfully request your municipality's support for Mr. Perrin's appointment to the Lake Erie Source Protection Committee to represent your municipality and the other Group 7 municipalities. C: Her Worship Mayor Sylvia Hofhuis & Council Lloyd J. Perrin, Director of Physical Services Craig Ashbaugh, Chair, Lake Erie Source Protection Committee Cliff Evanitski. General Manager, Long Point Region Conservation Authority Bryan Hall, General Manager. Kettle Creek Conservation Authority Kim Smale. General Manager, Catfish Creek Conservation Authority Paul Emerson, Chief Administrative Officer, Grand Riover Conservation Authority Summary of the Obligations of Lake Erie Region Source Protection Committee Members Qualifications of committee members · demonstrated ability to understand source protection science, concepts and technical reports; · proven ability to act as liaison for the sector being represented; · problem-solving, analytical, communication and organizational skills; . an openness to working together and with representatives from other sectors; . knowledge of local watersheds, communities and issues; . demonstrated ability to work with group dynamics and team environments; . conciliatory decision~making skills; . willingness to travel around the source protection region . Members of the Source Protection Committee must: . reside in, own or rent property within the source protection region, OR . be employed or operate a business within the source protection region, OR . be employed by a municipality that is in the source protection region, . Members of the Source Protection Committee must not be a member or employee of a conservation authority in the lake Erie Source Protection Region Responsibilities of committee members . participate fully and work positively toward a successful conclusion of the source protection planning process ' . act as liaisons by bringing forward common concerns from their knowledge and experience in their sector to the committee and assist in communicating the committee's work; . make decisions at the committee table; . serve on province-wide committees on special issues or participate in events, as a representative of the committee, at the request of the chair; . attend public information sessions and participate in pubic consultation forums; . respect confidential information and abide by the process in place to safeguard confidential information. Time commitment and remuneration The Source Protection Committee will meet at least once a month until the terms of reference are developed. Thereafter, the frequency of meetings will be decided by the committee as outlined in the terms of reference. Committee members should expect to work about two to three days a month attending meetings and occasional public events. It is expected that members will remain on the committee until the first source protection plans are approved by the Minister of the Environment in approximately five years. An honorarium and travel expenses will be paid at rates to be set by the Grand River Source Protection Authority. Lloyd J. Perrin ~"'::::. ~--';;=;~~::;::'~.~~"':.~.~.~::~~:-:~-:-~~~~:~-:-:=.:::.:-~.~==::::=:~.~.~~'~"~~:--,,::,:~.'._'---~"~-~-"_.__._---'.'~':"-'-=::.:;~'.7:'~,'~' October 11, 2007 To Whom It May Concern: I have reviewed the Lake Erie Region Source Protection Committee's "Summary of Qualifications and Responsibilities" and feel that based on my work experience with the Municipality of Central Elgin, combined with my life long residency in and knowledge of the Group 7 Area of the Lake Erie Region I would be a good candidate to represent the Group 7 municipalities on the Lake Erie Region Source Protection Committee. As outlined in the attached CV I have been employed as the Director of Physical Services with the Municipality of Central Elgin for the past 10 years. During this time I have participated in a number of projects including groundwater studies, well head characterization studies and environmental assessments for water and wastewater infrastructu re. Central Elgin is comprised of both rural and urban geography. In the position that I hold, I am familiar with, and understand the issues as they relate to both of these types of environments. In an urban environment, threats to source water may include but not necessarily limited to potential contamination from industrial and commercial establishments or municipal infrastructure. In rural environments, potential contamination may be caused by agricultural practices, private sewage disposal systems as well as transportation corridors. As Director of Physical Services for the Municipality of Central Elgin, I am responsible for and comfortable representing the municipality's position and requirements while taking a "common sense" approach to problem solving and analyzing issues. Those that know me would agree that I am a "Team Player" and respect others opinions while not being afraid to voice my own with the goal of building consensus on any issue. I am comfortable relaying my opinion or municipal policy utilizing informal verbal dialogue, formal written reports and correspondence or speaking to large audiences of the general public. You will note from the attached CV that during my 17 years of employment I have worked for municipalities in three of the four watersheds that make up the Lake Erie Source Protection Area. While these watersheds all make up the Lake Erie Region, their geology and geography are quite unique and as a result need to be reviewed and plans developed based on these conditions. As noted above I have been a lifelong resident of Central Elgin, Malahide, Aylmer Area and understand the similarities as well as the nuances of these areas. I feel that as municipalities and government officials we continue to be in changing times and that by being part of the Source Protection Committee and developing a Source Protection Plan we are leading the way for increased public awareness of the valuable resource which way have available to us and the need to take further steps to preserve and protect it. This is not only a benefit to this generation but all future generations. ~erel~_ 0 ~. () ~ , ~ Education: Affiliations: LLOYD J. PERRIN Director of Physical Services Diploma, Civil Engineering Technology, Fanshawe College London, 1990 Ontario Association of Engineering Technicians and Technologists. American Water Works Association Ontario Municipal Water Association Ontario Good Roads Association EMPLOYMENT HISTORY 1997 to Present The Corporation of the Municipalitv of Central Elgin 1993 to 1997 1990 to 1993 EXPERIENCE Director of Physical Services. Director in charge of a department of 35 full time employees responsible for the operation, maintenance, and capital upgrades of all municipal infrastructure including, roads, Parks and Recreation, Storm Drainage, Waste Water Collection and Treatment! Water production and Distribution. Responsible for writing "Terms of Reference'! for Engineering Studies! Reports etc. Reporting to Council and conducting public meetings on Infrastructure related issues. The Corporation of the TownshiD of Delhi Technical Services Coordinator. Assistant to the Director of Public Works. Responsible for project management of municipal capital projects including Roads, Bridges and Municipal Drains. Statutory title of Drainage Superintendent. Supervision of Subdivision Development and Commercial Site Plan Control. The Corooration of the Town of Simcoe Engineering Technologist. Reporting to the Assistant Director of Public Works. Responsible, for Surveying! Design, Drafting and Contract Supervision of capital projects including Road Works and Site Development. Water Suoolv and Distribution Belmont Water Supply System. Environmental Assessment for the long term provision of municipal water to the former Village of Belmont. Belmont Pump house upgrades and well rehabilitation. Rehabilitation of two existing deep reservoir wells in Belmont and elimination of ground water reservoir. Retrofitting existing supply system eliminating distribution pumps and totally automating the supply system. Belmont Elevated Water Tower. Construction of new 2.1 MI elevated water storage facility to provide storage and fire flows. Elgin/Middlesex/London Groundwater Study. Participating member representing the Municipality of Central Elgin on completion and adoption of this study. Belmont Water Works Groundwater study and Source Protection Area Study. Mapping of Recharge area and quantity/quality assessment. Water Distribution System Replacement. Since 1998 overseen the design, and construction of approximately $10.5 million worth of watermain replacement and installation utilizing open cut and Underground Trenchless Technology methods. Staff advisor to Council for the Elgin Area Primary Water Supply System, Aylmer Secondary Water Supply System, Port Burwell Secondary Water Supply System, and St. Thomas Secondary Water Supply System. Waste Water Collection and Treatment Belmont WasteWater Treatment Upgrade, . Reconstruction of the Belmont Sewage Treatment Facility from a 2 cell facultative treatment train to a 3 cell Facultative Treatment Cell with pre-aeration, extended aeration and slow sand filter polisher. Included in this project was the construction of a 12 acre engineered wetland for the treatment of biosolids attributed to the Waste Water Treatment Plant. East Side Sanitary Sewage EA. Environmental Assessment reviewing the installation of collection sewers for approximately 750 acres of residential and Industrial lands. Included was the review of the construction of a Sewage Treatment Plant and Septage Treatment Facility. Waste Water Collection Systems. Since 1998 overseen the design and construction of approximately $1.0 million worth of sanitary collection systems including pumping stations and forcemains. Development Control Review and approval of Subdivision and Site plans of residential, commercial and industrial developments to ensure that engineering and environmental standards are met. Reviews including, design criteria, subwatershed studies, Environmental Impact Studies, Hydrogeology studies, Provincial Policy Statement for Land Use Planning. OTHER Fanshawe College - Faculty of Technology College Advisory Committee Ontario Good Roads Association - Instructor at Ontario Good Roads Association Roads School, University of Guelph.